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HomeMy WebLinkAboutCT 04-26; Calavera Hills LLC; 2008-0199439; Hold Harmless Agreement/ReleaseRECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 DGC# 2008-0199439 APR 15, 2008 2:39 PM OFFICIAL RECORDS SAN DIEGO COLIN TV RECORDER'S OFFICE G R E G 0 R Y J. S MIT H CO LI N T Y R E CO R 0 E R FEES: 0.00 PAGES: SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO. PROJECT NO. & NAME: Robertson Ranch East Village PA 16,17,18 168-361-01-00 CT 04-26 HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 453-8A) and improvement plans (DWG 453-8) for development to occur on property described as Lot 5 of CT 02-16 per Map No. 15608 recorded September 18, 2007 more particularly described as (APN No. 168-361-01-00), and other good and valuable consideration, receipt of which is hereby acknowledged, l/(We) Calavera Hills II, 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. It is agreed that the above owners will maintain all slopes and landscaping in a manner H:\Development Servioes\PROJECTS\CT FILES\CT 04\CT 04-26 Robertson Ranch East Village - Riddle\Bonds and AgreemenftHOLD HARMLESS AGREEMENT GEOLOGICAL FAILUREfDWG 453-8A).doc 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 APPROVED AS TO FORM: RONALD R. BALL City Attorney irney PROPERTY OWNERS Calavera Hills II, LLC, a Califon/fa limited liability company By: / _ ^ (sign here) Brian Milich, Sr. Vice President (print name and title) Date: By: (sigr/here) Don Mitchell, Sr. Vice President (print name and title) Date: Deputy City Attorney (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 FILESVCT 04\CT 04-26 Robertson Ranch East Village - Riddle\Bonds and Agreement\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILUREfDWG 453-8A).doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California SdY\Pvey>County of On I before me,(I personally appeared \ OlV\ tW\ \AtVv Here Insert Name and Jitle of DbO fU fficer J Name(s) of Signer(s) WAllAc PlQVQfy PUDNC * COnfOfMO 8 tan Ol*oo County " f who proved to me on the basis of satisfactory evidence to be the person(§J)whose name^ ie/aT5)subscribed to the within instrument and acknowledged to me that he/&he^fiey)execijted the same in his/be^fiej) authorized capacity^), and that by his/b6*/1^ipsignature(5j> on the instrument the person^, or the entity upon behalf of which the person^ acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and officialseal. Place Notary Seal Above Signatun OPTIONAL Signature of Notary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date:Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Individual Corporate Officer — Titie(s): ....' Partner— Limited '.'. General Attorney in Fact Trustee Guardian or Conservator . Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top o! t^umb here j Signer's Name: .""" Individual . Corporate Officer — Title(s): . : Partner — ; Limited __ General Attorney in Fact _ Trustee J Guardian or Conservator .. Other: RIGHTTHUMBPRINT OF SIGNER Signer Is Representing:. 3VG*sxi*s&^ ©2007 National Notary Association • 9350 De Soto Ave.. PO. Box 2402 • Chatsworth. 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