HomeMy WebLinkAboutCT 02-25; Hall Land Company Inc; 2004-0300290; Hold Harmless Agreement/ReleaseDUE # 2004-0300290
RECORDING REQUESTED BY
WHEN RECORDED MAILTO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA. 92008
APR 083 2004 4~47 PPI
OFFICIAt RECORDS SFIN DIEGO COUNTY RECORDER’S OFFICE GFEGOKY J. SHITHS WTY RECORDER FEES: 0.00
SPACE ABOVE THIS LINE FOR RECORDERS USE
ASSESSOR’S PARCEL NO. 223-1 70-21,22
PROJECT NO. & NAME: CT 02-25
NORTH PARK AT LA COSTA
HOLD HARMLESS AGREEMENT
GEOLOGICAL FAILURE
In consideration of the City’s approval of a grading plan (DWG 416-1A) and
improvement plans (DWG 416-1) for development to occur on property described as Lots 227
and 228 of La Costa Vale Unit No. 1, in the City of Carlsbad, County of San Diego, State of
California, according to Map thereof no. 7457, filed in the office of the County Recorder of San
Diego County, October 18, 1972, more particularly described as (APN No. 223-170-21, 223-
170-22), and other good and valuable consideration, receipt of which is hereby acknowledged,
I/(We) Hall Land Company, 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.
1 H:/Development Servcies/Masters/Bonds & AgreemnWHold Harmless Agt Geological Fallure 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
dayof NU ,20&
PROPERTY OWNERS
Michael J. Hall, President
(print name and title)
Date:
By:
(sign here)
(print name and title)
Date:
APPROVED AS TO FORM:
RONALD R. BALL
(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.)
2
H:IDevelopment Servcies/Masters/Bonds 8 AgreemenWHold Harmless Agt Gedogical Failure Rev. 12/06/98
State of California 1
)
County of San Diego )
On F$ , I\, a0 OY before me, Lflmt; F. \Aa\keT
(Date) (Name, Title of Officer)
personally appeared . mi <Le\ '5. \a\\
(Name[s] of Signer[s])
,)Xpersonally known to me -OR - n
(proved to me on the basis of satisfactory evidence) to be the person@) whose namew
islap subscribed to the within instrument and acknowledged to me that hels@/ttsey
executed the same in his/tpf/tlpff authorized capacity@%), and that by his/tpt//tke7i
signaturew on the instrument the person(@, or entity upon behalf of which the person@)
acted, executed the instrument.
WITNESS my hand and official seal
Signature of Notary
(This area for
official notary seal)
Title or Type of Document
Date of No. of Pages
Document
Signer(s) other than named above