HomeMy WebLinkAboutCT 02-28; Calso LLC; 2007-0603871; Hold Harmless Agreement/ReleaseRECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA. 92008
DQC# 2007-0603871
SEP 13, 2007 3:13 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY J. SMITH, COUNTY RECORDER
FEES: 16.00
PAGES:
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.
PROJECT NO. & NAME:
La Costa Condominiums
216-160-27-00
CT 02-28
(Calso, LLC)
HOLD HARMLESS AGREEMENT
GEOLOGICAL FAILURE
In consideration of the City's approval of a grading plan (DWG 422-4B) for development
to occur on property described as described as Lot 185 of La Costa South Unit No. 1, in the
City of Carlsbad, in the County of San Diego, State of California, according to Map thereof No.
6117, filed in the Office of the County Recorder of San Diego County, June 3, 1968, more
particularly described as (APN No. 216-160-27-00), and other good and valuable
consideration, receipt of which is hereby acknowledged, l/(We) Calso, 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:\Developmenl Servlces\PROJECTS\CT FILES\CT 02\CT 02-28 La Costa Condos - Jimeno\Bonds and Agreements\HOLD HARMLESS AGREEMENT GEOLOGICAL
FAILURE - Calso sign.doc 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
day of /^.\C^(h 20 O7
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
OWNERS
California limited liability co-r f '
(sign heVe)
Kwan L. So, Managing Member
(print
Date:
By:
(sign here)
(print name and title)
Date:
Deputy City Attornpy
(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 02-28 La Costa Condos - Jimeno\Bonds and Agreements\HOLD HARMLESS AGREEMENT GEOLOGICAL
FAILURE - Calso sign.doc Rev. 12/08/98
State of California )
County of San Diego )
On AulJ. 20Q7 before me, Lttpt
(0bte) & (Name, Title of Officer)
personally appeared niJ/W /- < oS 0
(Name[s] of Signer[s])
l D personally known to me -OR •
(proved to me on the basis of satisfactory evidence) to be the person^ whose name^f
is/ape^subscribed to the within instrument and acknowledged to me that he/she/they,
executed the same in his/nef^their authorized capacity£jes/), and that by his
signature^ on the instrument the person^, or entity upon behalf of which the person^)
acted, executed the instrument.
WITNESS my hand and official seal iww/ tettaaaenu*, g
lyComm. faptm Muy«,*£
(This area for
Signature of Notary (/ official notary seal)
Title or Type of Document Hold J~//1/?n>/ASS fi)tfA.££MfnT ^.a.-—- ^~.
Date of Document /)ga £ , £007 _ No. of Pages 3
Signer(s) other than named above
3
H:\Development Services\PROJECTS\CT FILES\CT 02\CT 02-28 La Costa Condos - Jimeno\Bonds and Agreements\HOLD HARMLESS AGREEMENT GEOLOGICAL
FAILURE - Calso sign.doc Rev. 12/08/98
GOVERNMENT CODE 27361.7
I CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE
DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS:
Name of the Notary: *—
Commission Number: * •* Date Commission Expires:
County Where Bond is Filed: *-~ "S^VS CJSV
Manufacturer or Vendor Number: AJA]
(Located on both sides of the notary seal border)
Signature ;; /I - &?**&- C%\^ oV
Firm Name (if applicable)
Place of Execution: .^r^t <^- _ Date:
Rec. Form #R 10 (Rev. 7/96)