HomeMy WebLinkAboutCT 06-12; 2221 Las Palmas LP; 2007-0536755; Hold Harmless Agreement/Release13123 DOC# 2007-0536755
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA. 92008
AUG10,2007 4:37 PM
OFFICIAL RECORDS
C.AN DIEGO COUNTY RECORDER'S OFFICE
GREGORY,! SMITH CO LI NTV RECORDER
FEES: 0.00
PAGES: 3
2007-0536755
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO. 213-050-31
PROJECT NO. & NAME:CT 06-12
CE07-15
Las Palmas Industrial Condo
HOLD HARMLESS AGREEMENT
GEOLOGICAL FAILURE
In consideration of the City's approval for development to occur on property described
as Lot 6 of Carlsbad Tract No. 79-1, in the City of Carlsbad, County of San Diego, State of
California, according to Map thereof No. 9389, filed in the Office of the County Recorder of San
Diego County on September 26, 1979 more particularly described as (APN No. 213-050-31),
and other good and valuable consideration, receipt of which is hereby acknowledged, l/(We)
2221 Las Palmas LP, a California Limited Liability 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
H:\0evelopmenl Services\PROJECTS\CT FILES\CT 06\CT 06-12 Las Palmas Industrial - Levy\Bonds and AgreemenftHOLD HARMLESS AGREEMENT GEOLOGICAL
FAILURE(CT06-12).doc
13124
owner.
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 ~S^\^ 2001.
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
Deputy "City Attd\ey
PROPERTY OWNERS
2221 Las Palmas, LP, a California Limited
Partnership
By: WASHNET Development Corporation, a
California corporation, Its general partner
JO Partners, 86-1 a California
^partnership and James R. Sommers,
?.a. Bob Sommers)
Date:
By:
Date:
(sign here)
Bob Sommers, President
(print name and title)
7
(sign h^fe)
(priptriame and title)
(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.)
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FAILURE(CT 06-12j.doc
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State of California
County of San Diego
On JtM t]^
(Date)
personally appeared
me,
(Name, Title of Officer)
(Name[s] of Signer[s])
_i"^.personally known to me -OR - D
(proved to me on the basis of satisfactory evidence) to be the person(^ whose namefs)
is/ape subscribed to the within instrument and acknowledged to me that he/sfefe/th4y
executed the same in his/h^r/tr/eir authorized capacity(i^s), and that by his/h^r/trveir
signature^ on the instrument the person(s/£ or entity upon behalf of which the person(^f
acted, executed the instrument.
r
WITNESS my hand and official seal
DE CHAINE
COMM. #1574328
Notary PuWic-CalHomia JO
SAN DIEGO CXXINTY •*
My Comm.Exp. April 29,2009 \.
lature of Notary
(This area for
official notary seal)
Title or Type of Document
Date of Document
Signer(s) other than named above
No. of Pages
H:\Development Services\PROJECTS\CT FILES\CT 06\CT 06-12 Las Palmas Industrial - Levy\Bonds and AgreemenftHOLD HARMLESS AGREEMENT GEOLOGICAL
FAILURE(CT06-12).doc