HomeMy WebLinkAboutCT 04-03; Shea Homes Limited Partnership; 2005-1054378; Hold Harmless Agreement/ReleaseDOC# 2005-1054378
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: 0.00
PAGES: 4
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.(S): 223-721-01,
223-721-02, 223-721-03, 223-721- 04
PROJECT NO. & NAME: CT 04-03
La Costa Ridge, Neighborhoods 2.3 & 2.4
HOLD HARMLESS AGREEMENT
GEOLOGICAL FAILURE
In consideration of the City's approval of a grading plan (DWG 420-5A) and
improvement plans (DWG 420-5) for development to occur on property described as attached
Exhibit "A," more particularly described as (APN No. 223-721-01 thru 04), and other good and
valuable consideration, receipt of which is hereby acknowledged, l/(We) Shea Homes Limited
Partnership, a California limited partnership, 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
H:/Development Servcies/Masters/Bonds & Agreements/Hold Harmless Agt Geological Failure Rev. 13/08/98
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 £ trprgr«^-g£-«g- 20
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
Deputy City Attorney
PROPERTY OWNERS
Shea Homes Limited Partnership, a California
limited p/
By:
(sign here)
Alexander L. Plishner, Authorized Agent
(print name and title)
Date:
By:
(sign here)
Jim Kilgore, Authorized Agent
(print name and title)
Date:
(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 Servcies/Masters/Bonds & Agreements/Hold Harmless Agt Geological Failure Rev. 12/08/98
State of California
County of San Diego
On ^ /2>C>/c>5 before me, >Sir«o, k < ).
(Date)
personally appeared A 1 if x />,
H rvYn/ po 1C
(NJime, Title 6tbfficer)
L-PttshrveK ^no <Jim
(Name[sj of Signed
'personally known to me -OR - D
(proved to me on the basis of satisfactory 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 capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal
zv—I
Signature of
INMHAMCIMW*
CommlHton*ia91M2
Notary PuMc - CaWorrta
San Dtogo County
(This area for
official notary seal)
Title or Type of Document
Date of Document No. of Pages
Signer(s) other than named above
H:/Developmen1 Servoies/Masters/Bonds & Agreements/Hold Harmless Agt Geological Failure Rev. 12/08/98
EXHIBIT "A"
LEGAL DESCRIPTION
City of Carlsbad Tract 04-03 La Costa Ridge - Neighborhoods 2.3 & 2.4
Subdivision of Lots 222, 230, 231 and 232 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 04-03
VLC - Ridge Neigh. 2.3 & 2.4