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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. 1 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.) 2 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