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Home My WebLink AboutCT 01-17; Newport Hills Inc; 2003-0063446; Hold Harmless Agreement/Release.‘ ” DOC # 2003-0063446 F=8 YP NF RECORDING REQUESTED BY WHEN RECORDED MAILTO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 OFFICIAL RECORDS SElN DIEGO COUNTY RECORDER’S OFFICE FEES: 0.00 EREGORY J. SNITHI COUNTY REERDER SPACE ABOVE THIS LINE FOR RECORDER’S USE ASSESSOR’S PARCEL NO. 206-042-27-00 PROJECT NO. & NAME: CT 01-17 Tamarack Five HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City’s approval of a grading plan (Dwg. No. 403-8A) and improvement plans (Dwg. No. 403-8) for development to occur on property described as attached Exhibit “A more particularly described as (APN No. 206-042-27-00), and other good and valuable consideration, receipt of which is hereby acknowledged, I/(We) Newport Hills, Inc., a California Corporation, the owner(s) 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. It is agreed that the above owners will maintain all slopes and landscaping in a manner 1 H:/Development ServciedMaslerslBonds & AgreemenWHold Hanless Agt Geological Failure Rev. 12/08/98 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 day of 0C-R ,2002 PROPERTY OWNERS (print name and title) Date: lO-\8-OZ By: (sign here) (print name and title) Date: APPROVED AS TO FORM: RONALD R. BALL City Attorne By:d& A eputy City Attorney (Prv notarial 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 officer(s) signing to bind the corporation.) I 2 H:/Development ServcieslMasterslBonds & AgreementsMold Harmless Agt Geological Failure Rev. 12/08/98 State of California 1 1 County of San Diego ) On \b\%-oz before me, kxwk ~E~AIIGR~WVW Qub\iC , (Date) (Name: Title of Officer) personally appeared S'b4€5 - r\pQ3tdie (Name[s] of Signer[s]) ,xpersonally known to me -OR - 0 (proved to me on the basis of satisfactory evidence) to be the personw whose namefs) idate subscribed to the within instrument and acknowledged to me that helshelthey executed the same in his/he&heiF authorized capacityo, and that by his/betW& signature(& on the instrument the person(+, or entity upon behalf of which the persono acted, executed the instrument. WITNESS my hand and official seal (This area for official notary seal) Date of No. of Pages Document IO -19-02 L Signer@) other than named above 3 I H:IDevelopment ServicedMasterdBonds & AgreeemnWHold Harmless Agreement Drainage Rev. 12/08/98 c. . EXHIBIT "A" LEGAL DESCRIPTION THE LAND REFERRED TO HEREM IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:_ ' .. THAT PORTION OF TRACT 232 OF THUM LANDS IN THE CITY OF CARISBAD, COUNTY OF SAN DIEGO, STATE OF CALIFO~ ACCORDING TO MAP THEREOF NO. 1681, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 9, 1915, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT 0F.IN"ERSECTION OF THE CENTER LINE OF TAMARACK 'AVENUE'AND JEFFERSON STREET; THENCE ALONG THE CENTER LINE OF TAMARACK .. 'AVENUE SOUTH 61'21' WEST 424.6 FEET 'To THE TRUE POINT'OF BEGINNING; THENCE CONTINUING ALONG SAID CENTER LINE SOUTH 61'21' WEST 175.90 FEm, THENCE SOUTH 28'39' EAST 381.5 FEET TO THE NORTHWJBTERLY. LINE OF A PARCEL OF LAM> CONVEYED TO ALEX LABETA AND MANUFLA -ETA BY THE SOUTH COAST LAND COMPANY BY DEED DATED MAY 3,1924; THENCE ALONG SAD NOIPTHWESTERLY LME NORTH 81'21' EAST 175.45 FEET TO THE NORTHEASTERLY CORNER OF'SAID LABETA'S LAND; THENCE NORTH 28'39' WEST 90.00 FEET; THENCE NORTH 61'21' EAST 0.45 FEEZ TO A LINE WHICH BEARS SOUTH 28'39' EAST FROM THE TRUE POINT OF BEGINNINQ . THENCE NORTH 28'391 WEST 291.5 FEET TO THE TRUE POINT OF BEGINNING. .. ..