HomeMy WebLinkAboutCT 04-01; Black Rail LLC; 2006-0496914; Hold Harmless Agreement/ReleaseDOC# 2006-0496914
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA. 92008
JUL14, 2006 11:00 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY,! SMITH, COUNTY RECORDER
FEES: 0.00
PAGES: 3
SPACE ABOVE THIS LINE FOR RECORDER'S USE
6113 ASSESSOR'S PARCEL NO.
PROJECT NO. & NAME:
Yamamoto
215-040-05
CT 04-01
HOLD HARMLESS AGREEMENT
GEOLOGICAL FAILURE
In consideration of the City's approval of a grading plan (DWG 433-3A) and
improvement plans (DWG 433-3) for development to occur on property described as the south
half of the northwest quarter of the northwest quarter of the northeast quarter of section 27,
township 12 south, range 4 west, San Bernardino base meridian, in the City of Carlsbad,
County of San Diego, State of California, according to the official plat thereof more particularly
described as (APN No. 215-040-05), and other good and valuable consideration, receipt of
which is hereby acknowledged, l/(We), Black Rail, LLC, a Delaware 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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HI/Development Services/Masters/Bonds & Agreements/Hold 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
day of fcbr^ , 20
PROPERTY OWNERS
BLACK RAIL, LLC, a Delaware limited liability company
By: TRES-DAC, INC., a California corporation, its
manager
n here)
Kelly D. Burt, Chief Executive Officer
(print name and title)
Date:
By:
(sign here)
(print name and title)
Date:
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
deputy City Anorney
(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 Services/Masters/Bonds & Agreements/Hold Harmless Agt Geological Failure Rev. 12/08/98
6115
State of California )
)
County of San Diego )
On febraaiM(o 200(obefore me, 3b"Vr
(Datep '
personally appeared \\dvU \\
<*-}
>\fer VKer\ra, toctfaw pobl»C ,
(Narne, Title of Officer)
ftutt
(Name[s] of Signerfs])
, ^personally known to me -OR -
(proved to me on the basis of satisfactory evidence) to be the petsoo(s) whose pama(s)
js/are subscribed to the within instrument and acknowledged to me that .he/she/they
executed the same in iais/her/their authorized capacitv(iesV and that by ^his/her/their
sianajure(s) on the instrument the .person(s). or entity upon behalf of which the pjeison(s)
acted, executed the instrument.
WITNESS my hand and official seal Notary fuMc
•on Otogo County
MrOOMn.takM Ow 10.20001
ignature of No'tary
(This area for
official notary seal)
Title or Type of Document
Date of Document No. of Pages
Signer(s) other than named above
H:/Development Services/Masters/Bonds & Agreements/Hold Harmless Agt Geological Failure Rev. 12/08/98