HomeMy WebLinkAboutCT 05-01; Lagoon Breeze Development Corporation; 2007-0499632; Hold Harmless Agreement/ReleaseRECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA. 92008
DOC# 2007-0499632
I
JUL 26, 2007 8:05 AM
OFFICIAL RECORDS
SAM DIEGO COUNTY RECORDER"-; HFFICE
G Fl E G 0 RY J. S MIT H. CO U N TY R E CO R D E R
FEES. OOfi
PAGES: 3
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.
PROJECT NO. & NAME:
234/236 Date Avenue
206-080-25
CT 05-01
HOLD HARMLESS AGREEMENT
GEOLOGICAL FAILURE
In consideration of the City's approval of a grading plan (DWG 438-4A) and
improvement plans (DWG 438-4) for development to occur on property described as Lot 1,
Block T of Palisades No. 2, Map 1803 more particularly described as (APN No. 206-080-25),
and other good and valuable consideration, receipt of which is hereby acknowledged, l/(We)
Lagoon Breeze Development Corporation, a California 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
H:\Development Services\PROJECTS\CT FILES\CT 05\CT 05-01 Crescent Del Sol Estates - Jimeno\Bonds and Agreements\HOLD HARMLESS AGREEMENT GEOLOGICAL
FAILURE (DWG 438-4) 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
/i day of
OPERTY OWNERS
Latoon Breeze Develo
lifbcpia corporal]
•-CJ ^\. (sign here)
Wayne Blassingame, President
(print name and title)
Date:
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
By:
(sign here)
(print name and title)
Date:
Deputy City Att
(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 FILES\CT 05\CT 05-01 Crescent Del Sol Estates - JimencABonds and Agreements\HOLD HARMLESS AGREEMENT GEOLOGICAL
FAILURE (DWG 438-4) Rev. 12/08/98
3
State of California )
)
County of San Diego )
x HOn /r~ft" $£ before me, O<rV? (&tf\/^
(Date) <-J
/// //personally appeared U/6 '(/?'?£ /Ofa^/
, &^/^M,
(Name, 'Title of Officer)
t
^ (Name[s] of Signer[s])
.y^fpersonally known to me -OR •
(proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal \BENJAMIN BEARD
Commission # 15<? 1 <=80 -
Notary Pnh«c - California \
San Diego County
My Comm. Expces Jun 2 7,
fre of Notary
(This a roarer
offi$i<•ENJAMNKARD
tWwnMon #1891910
[MrOamm. ExpMi Jui27,M09f
Title or Type of Document
Date of Document No. of Pages
Signer(s) other than named above
H:\Development Services\PROJECTS\CT FILES\CT 05\CT 05-01 Crescent Del Sol Estates - Jimeno\Bonds and Agreements\HOLD HARMLESS AGREEMENT GEOLOGICAL
FAILURE (DWG 438-4) Rev. 12/08/98