HomeMy WebLinkAboutCT 04-02; Pulte Home Corporation; 2005-1054372; Hold Harmless Agreement/ReleaseDOCK 2005-1054372
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA. 92008
DEC 07, 2005 3:48 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY J. SMITH. COUNTY RECORDER
FEES: 000
PAGES: 4
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.: 223-720-02, -06, -07,
-08,-09,-16 &-17
PROJECT NO. & NAME: CT 04-02
La Costa Ridge, Neighborhoods 2.1, 2.2
HOLD HARMLESS AGREEMENT
GEOLOGICAL FAILURE
In consideration of the City's approval of a grading plan (DWG 420-4A) improvement
plans (DWG 420-4) for development to occur on property described as attached Exhibit "A"
more particularly described as (APN No.(s): 223-720-02, -06, -07, -08, -09, -16 & -17), and
other good and valuable consideration, receipt of which is hereby acknowledged, l/(We) Pulte
Home 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.
It is agreed that the above owners will maintain all slopes and landscaping in a manner
1
Hi/Development Servcies/Masters/Bonds & Agreements/Hold Harmless Agt Geological Failure Rev. 12/08/98
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 A/OS
PROPERTY OWNERS
Pulte Home Corporation, a Michigan corporation
By:
(sign here)
Darren Warren, Vice President of Land
(print name and title)
Date:
By:
(sign here)
(print name and title)
Date:
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
Bv: jO JLCV^
' Deputy City AtiVney
(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 Servcies/Masters/Bonds & Agreements/Hold Harmless Agt Geological Failure Rev. 12/08/98
State of California
County of San Diego
On
(Date)
personally appeared
me,
(Name, Title of Officer)
(Name[s] of Signer[s])
L S-personally known to me -OR - D
(proved to me un II iu basis of oaticfactory evidence) to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacityftee), and that by his/her/their
signature(s) on the instrument the person(s), or entity upon behalf of which the person(«)
acted, executed the instrument.
WITNESS my hand and official seal
Signature of Notary
A.KCKHOUT
CommMon # 1619039
Notary PubUc - CaHtomta
San Otogo County
MyComm. ixpiwi Nov ft. 20M
(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 Servcies/Masters/Bonds & Agreements/Hold Harmless Agt Geological Failure Rev. 12/08/98
EXHIBIT "A"
PROPERTY LEGAL DESCRIPTION
City of Carlsbad Tract No. 04-02 La Costa Ridge Neighborhoods 2.1 & 2.2
subdivision of Lots 221, 226, 227, 228, 229, 246 and 247 of City of Carlsbad
Tract 99-04-02 Villages of La Costa - La Costa Ridge, in the City of Carlsbad,
County of San Diego, State of California, according to Map thereof No. 14838,
filed in the Office of the County Recorder of San Diego County, July 14, 2004.
CT 04-02