HomeMy WebLinkAboutCT 01-06; Calavera Hills II LLC; 2003-1156454; Hold Harmless Agreement/ReleaseRECORDING REQUESTED BY
WHEN RECORDED MAILTO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA. 92008
llOC # 2003-1156454
rnICIAL REm SAN DIEGO CoWJTy li€CORDfR'S OFFICE GBEORY J. SnITHi COwllTY RECORDER FEES: 0.00
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO. 168-31 0-01
PROJECT NO. 8t NAME: CT 01-06
Calavera Hills II Village X
HOLD HARMLESS AGREEMENT
GEOLOGICAL FAILURE
In consideration of the City's approval of a grading plan (DWG 405-4A) and
improvement plans (DWG 405-4) for development to occur on property described as Lot 1 of
Carlsbad Tract No. 00-02, in the City of Carlsbad, County of San Diego, State of California,
according to map thereof No. 14541 filed in the Office of the County Recorder of San Diego
County on February 12, 2003, more particularly described as (APN No. 168-31 0-01 ), and other
good and valuable consideration, receipt of which is hereby acknowledged, I/(We) Calavera
Hills II LLC, a California Limited Liability Company, the owner@) of said property promise to
indemnify and to hold the City of Carlsbad, its officers, agents and employees harmless from
liability for injuries to any persons, or damage to or taking of any property including public
property, directly or indirectly caused by the geological failure of any nature, type or cause or
any subsequent damage that may occur on or adjacent to this subdivision due to its
construction, operation or maintenance.
Approval of the plans or permits, or inspection of any work done pursuant to those plans
or permits by the City shall not constitute an assumption by the City of any responsibility for any
damage or taking referenced in this agreement. City shall not be responsible in any manner
whatsoever for the design, compaction, construction or maintenance of the slopes, cuts, fills or
improvements made or done pursuant to the approved plans, nor shall any officer or employee
thereof be liable or responsible for any accident, loss or damage happening or occurring during
the construction work or improvements as specified in this agreement. The entire risk of any
loss resulting from or caused by any geological failure is assumed by and shall be borne by the
owner.
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H:IDevelopment Servcies/Masters/Bonds & AgreementsMold Harmless Agt Geolcgical Failure Rev. 12/08/98
It is agreed that the above owners will maintain all slopes and landscaping in a manner
to insure slope stability to the satisfaction of the City Engineer. The owners agree to repair any
damage to public improvements caused by any geological failure referred to in this agreement
to the satisfaction of the City Engineer. The owners agree to repair or stabilize any slope which
the City Engineer determines may fail and cause damage to public improvements. It is further
agreed that this agreement shall be binding on all heirs, successors or assigns having an
interest in all or any part of the property described herein.
IN WITNESS WHEREOF, the undersigned has executed this instrument this
PROPERTY OWNERS
Calavera Hills II LLC, a California Limited Liability
Company
By: McMillin Companies I&C, a Delaware Limited
By:
(sign here)
Brian Milich, Senior Vice President
(print name and title)
Date:
Don Mitchell, Vice President
(print name and title)
Date:
APPROVED AS TO FORM:
RONALD R. BALL City Attorney
I acknowledgment of execution by SUBDIVIDER must be attached)
(Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the off icer(s) signing to bind the corporation.)
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H:/Development Setvcies/Masters/Bonds 8 AgreemenWHold Harmless AQI Geological Failure Rev. 12/08/98
1 STATE OF CALIFORNIA }ss.
COUNTY OF SAN DIEGO 1
On Auqust 29. 2003 , before me, E. Breid, Notary Public personally appeared Don
Mitchell & Brian Milich , personally known to me to be the persons whose names are
subscribed to the within instrument and acknowledged to me that they executed the same in
their authorized capacities, and that by their signatures on the instrument the persons or the
entity upon behalf of which the persons acted, executed the instrument.
WITNESS my hand and official seal.
This area for offiaal notarial seal
Calavera Hills Phase II, Village X Hold Harmless Agreement Geological Failure
APN 1 68-3 1 0-0 1
Notary Fm2 McMillln Companies