HomeMy WebLinkAboutCT 02-27; Par 72 LLC; 2005-0513387; Hold Harmless Agreement/ReleaseDOC # 2005-051 3387
RECORDING REQUESTED BY
WHEN RECORDED MAILTO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA. 92008
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JUN 20.2005 8:25 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH, CUUNTY RECORDER FEES: 0.00
PAGES. 3
I111111 11111 1111 ll11111111 Ill11 Ill11 Ill11 Ill11 Ill11 11111 Ill1 Ill11 11111 Ill1 1111
SPACE ABOVE TfiS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.
PROJECT NO. & NAME:
21 6-31 0-04 & 05
CT 02-27
LA COSTA FAIRWAYS
HOLD HARMLESS AGREEMENT
GEOLOGICAL FAILURE
In consideration of the City's approval of a grading plan (DWG 414-5A) and
improvement plans (DWG 414-5) for development to occur on property described as a
subdivision of Lots 4 and 5 of La Costa Greens, in the City of Carlsbad, County of San Diego,
State of California, according to Map thereof No. 6708, filed in the Office of the County
Recorder of San Diego County, August 18, 1970, more particularly described as (APN Nos.
21 6-31 0-04 and 21 6-31 0-05), and other good and valuable consideration, receipt of which is
hereby acknowledged, I/(We) PAR 72, 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.
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H:/Development Servcies/Masters/Bonds & AgreementsRlold Harmless Agt Geological Failure 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
PROPERTY OWNERS
d liability company
-(sign here)
Abel Kaase Manaqinq &&er
(print name and title)
By:
(sign here)
Ruben Carrillo Member
(print name and title)
Date: 10/14/2004
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:IDevelopment ServciedMastersIBonds & AgreementdHold Harmless Agt Geological Failure Rev. 12/08/98
*. .
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
personally appeared
Name@) of Signer(s)
mersonally known to me
C proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) idare
subscribed to the within instrument and
acknowledged to me that helshelthey executed
the same in hislherltheir authorized
capacity(ies), and that by hislherltheir
signature@) on the instrument the person@), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
Signature of Notary Public
Though the information below is not required by law, it may prove valuable to persons re/ying on the document and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(@ Other Than Named Above:
Capacity(ies) Claimed by Signer
0 Partner - 0 Limited 0 General
0 Attorney-in-Fact
0 Guardian or Conservator
Signer Is Representing:
0 1999 National Nolary Association . 9350 De Soto Ane.. P.O. Box 2402 . Chatsworlh, CA 91 313-2402 . muw.nationalnotaryorg Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-@327