HomeMy WebLinkAboutCT 02-23; Warmington LCG Associates LP; 2004-0740742; Hold Harmless Agreement/ReleaseDOC # 2004-0740742
RECORDING REQUESTED BY
WHEN RECORDED MAILTO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA. 92008
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AUG 05,2004 8:47 AM
OFFICIAL RECORDS SAN DlEGU COUNTY RECORDER'S UFFICE GREGORY J. SMITH, COUNTY RECORDER
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FEES:
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SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO. 213-11 1-02;
21 3-1 1 1-03;
213-111-06;
21 3-1 11 -07
PROJECT NO. & NAME: CT 02-23
La Costa Greens Neighborhood 1.08
HOLD HARMLESS AGREEMENT
GEOLOGICAL FA1 LU RE
In consideration of the City's approval of a grading plan (DWG 406-6A) and
improvement plans (DWG 406-6) for development to occur on property described as Lots 1
through 82 of CT 02-23, per map No. 14803, filed in the Office of the County Recorder of San
Diego County, May 27, 2004, more particularly described as (APN Nos. 213-11 1-02, 03, 06,
and 07), and other good and valuable consideration, receipt of which is hereby acknowledged,
I/(We), Warmington LCG Associates, L.P., a California limited partnership, 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
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H:IDevelopmenl ServciesJMasterslBonds & AgreemnlsIHold Harmless A@ Geological Failure Rev. 12/08/98
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
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 & bW_ ,20=;
PROPERTY OWNERS Warmington LCG Associates, L.P., a California limited partnership
By: Warmington Homes California, a California corporation, Its General Partner
Matthew L. Tingler, President - San Diego Division (print name and title)
Date:
By:
(sign here)
(print name and title) I
Date:
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
By:
(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@)
signing to bind the corporation.)
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.
State of California 1 1
County of San Diego )
personally appeared k@-ttheCL) %/'l& 1Q.v
(Name[s] of Signer[s])
JI~~YSOTE~~ no -OR - n
(proved to me on the basis of satisfactory evidence) to be the personw whose name(+)
islare subscribed to the within instrument and acknowledged to me that he/-
executed the same in his/hed#teir authorized capacity(& and that by his/h&ttmr
signature(+ on the instrument the persono, or entity upon behalf of which the person(+
acted, executed the instrument.
WITNESS my hand and official seal
FL4 ,4d
ignature of Notary
(This area for
official notary seal)
Title or Type of Document I Date of Document
Signer(s) other than named above
No. of Pages
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