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Home My WebLink AboutCT 02-16; City of Carlsbad; 2007-0208573; Hold Harmless Agreement/ReleaseDOC# 2007-0208573 RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 MAR 28, 2007 11:25 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J SMITH,COUNTY RECORDER FEES: 0.00 PAGES: 4 8278 2007-0208573 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO. PROJECT NO. & NAME: Robertson Ranch East 168-050-47 168-050-56 CT02-16 HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 433-6A) and improvement plans (DWG 433-6) for development to occur on property described as (see attached, Exhibit "A") more particularly described as (APN No. 168-050-47 and APN 168-050- 56), and other good and valuable consideration, receipt of which is hereby acknowledged, l/(We) Calavera Hills II, LLC, a California limited liability company, 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. H:\Development Services\PROJECTS\CT FILES\CT 02\CT 02-16 Robertson Ranch\bonds & agreementsMHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE(DWG 433-6).doc 8279 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 \3^ day of jgJnnAQf^w 20 &~\ PROPERTY OWNERS Calavera Hills II, LLC, a California limited liability company By: McMillian Companies, LLC, a Delaware limited liability company, Its: Manager By: (sign he/e) Don Mitchell, First Vice President (print narpfe and title) Date: By: (sign here) Brian Milich, Senior Vice President Date: (print name and title) APPROVED AS TO FORM: RONALD R. BALL City Attorney jputy City Attorney (Proper 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.) H:\Development Services\PROJECTS\CT FILES\CT 02\CT 02-16 Robertson RancMbonds & agreements\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE(DWG 433-6J.doc 8280 State of California County of San Diego before me,TtrTV (Date) personally appeared .jLJOr\II Yli" (Name, Title of Officer) (Name[s] of Signer[s]) known to me -OR - n (proved to me un II le basis of satisfactory evidence) to be the person(s) whose name(s) -ie/are subscribed to the within instrument and acknowledged to me that betefce/they executed the same in bie&er/their authorized capacity(ies), and that by his/hor/their signature(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument. >*•••. *^& WITNESS my hand and official seal ANN M. FUTO Commission* 1546838 Notary Public - California San Diego County MyComm. Expires Jan 23.2i signature of Notary (This area for official notary seal) Title or Type of Documen Date of Document Signer(s) other than named above H:\Development Services\PROJECTS\CT FILES\CT 02\CT 02-16 Robertson RancMbonds & agresments\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE(DWG 433-6).doc EXHIBIT "A" LEGAL DESCRIPTION 828 I Those portions of Lots D and E of Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of Califonria. According to Map thereof No. 823, filed in the Office of the County Recorder of San Diego County, November 16, 1896, described as follows: ParceH: Parcel 1 on Certificate of Compliance recorded November 28, 2001; as File No. 2001-0865064 of Official Records. Parcel 2: The remainder parcel of Carlsbad Minor Subdivision 02-10 as shown on Parcel Map No. 19804 recorded August 3, 2005, as File No. 2005-0659805 of Official Records.