HomeMy WebLinkAboutCT 02-21; Pulte Home Corp; 2004-1109050; Hold Harmless Agreement/ReleaseDOC # 2004-1 109050
RECORDING REQUESTED BY
WHEN RECORDED MAILTO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA. 92008
SPACE ABOVE THIS LINE FOR RECORDER'S USE
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NOV 23,2004 9:13 AM
OFFICIAL RECORDS
SAN UIEGO COUNTY RECORDER'S UFFICE GREGORY J SMITH, COUNT'I' RECORDER
FEES 0 00 PAGES 3
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ASSESSOR'S PARCEL NO. 213-1 12-03-00
PROJECT NO. & NAME: CT 02-21
LA COSTA GREENS NEIGHBORHOOD 1.12
HOLD HARMLESS AGREEMENT
GEOLOGICAL FAILURE
In consideration of the City's approval of a grading plan (DWG 406-4A) and
improvement plans (DWG 406-4) for development to occur on property described as a
subdivision of Lot 12 of Carlsbad Tract No. 99-03 La Costa Greens, in the City of Carlsbad,
County of San Diego, State of California, according to map thereof No. 14543, filed in the Office
of the County Recorder of San Diego County, February 12, 2003, more particularly described
as (APN No. 213-1 12-03-00), and other good and valuable consideration, receipt of which is
hereby acknowledged, I/(We), Pulte Home Corporation, a Michigan 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
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H:/Developmenl ServciedMasIerslBonds & AgreemntdHold Harmless A@ Geological Failure Rev. 12/06/98
owner.
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
dayof ,IULIy , 203.
PROPERTY OWNERS
By:
Darren Warren, Vice President of Land
(print name and title)
Date:
By: NIA
(sign here)
NIA
(print name and title)
Date:
APPROVED AS TO FORM:
RONALD R. BALL 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.)
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H:/Development Se~cies/Masterr/Bonds & AQreementsJHold Hanless A@ Geological Failure Rev. 12/06/98
State of California ) 1
County of San Diego )
personally appeared A 1 &2-*0J
(Name[s] of Signer[s])
PCpersonaIIy known to me
haciv) to be the person(@ whose name@
is/* subscribed to the within instrument and acknowledged to me that he/Slae/tk$
executed the same in his/wtbesf authorized capacity@@, and that by his/buWkw
signaturew on the instrument the persons, or entity upon behalf of which the personw
- “tS,o‘- can &-a&. I
acted, executed the instrument.
K!UBERLY 0 JO6.t s
Commission # : 328651 [ i Notary Public - California $
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!i
- San Diego Coun-1 WITNESS my hand and official seal
Y-W- FTEFw?=w?=w~’ -&%Qr <* _- .
Signature of NMy
(This area for
official notary seal)
Title or Type of Document
Date of Document
Signer(s) other than named above
No. of Pages
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H:IDevelopment ServcieslMasterslBonds & AgreementdHold Harmless Agt Geological Failure Rev. 12/08/98