HomeMy WebLinkAboutCT 09-01; CALAVERA HILLS II LLC; 2010-0369174; Hold Harmless Agreement/ReleaseDOC 8 2010-0369174
RECORDING IS REQUESTED
FOR THE BENEFIT OF THE CITY
OF CARLSBAD
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA. 92008
JUL22,2010 2:52 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
DAVID L BUTLER, COUNTY RECORDER
FEES: 0.00
PAGES:
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.: 168-360-03 /168-050-55
PROJECT ID: CT 09-01
PROJECT NAME: Robertson Ranch PA 22
RELATED PROJECT ID:
HOLD HARMLESS AGREEMENT
GEOLOGICAL FAILURE
In consideration of the City's approval of a grading plan (DWG 466-8A) and
improvement plans (DWG 466-8) for development to occur on property more particularly
described as Lot 3 of Map 15608 and a portion of Parcel 2 of Parcel Map 19804, 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.
H:\Development Services\PROJECTS\CT FILESXCT 09\CT 09-01 Robertson Ranch PA 22 - Bobbett\B & A\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE(DWG
466-8J.doc
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 fr-p^-Q , 20 \6 .
OWNER(S)
Calavera Hills II, LLC, a California limited liability
company
By:
Assign here)
David R. Poole, Vice President
(print name and title)
Date:
By:
(sign here)
Adam D. Pevney, Assistant Vice President'
(print name and title)
/Date:
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
By: M)-*CS A.Deputy City Attorney
(Proper notarial acknowledgment of execution by owner(s) must be attached)
(Chairman of the Board, President, or any Vice-President and Secretary, any Assistant Secretary, the
Chief Financial Officer, or any Assistant Treasurer must sign for corporations. If only one officer signs,
the corporation must attach a resolution certified by the secretary or assistant secretary under corporate
seal empowering that officer to bind the corporation.)
2
H:\Development Services\PROJECTS\CT FILES\CT 09\CT 09-01 Robertson Ranch PA 22 - Bobbett\B & A\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE(DWG
466-8).doc
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of San Diego
ss.
On April 28. 2010 before me, Gladys M. Eddy-Lee, Notary Public, personally
appeared Adam D. Pevney and David R. Poole,
who proved to me on the basis of
satisfactory evidence to be the persons
whose names are subscribed to the within
instrument and acknowledged to me that
they executed the same in their authorized
capacities, and that by their signatures on
the instrument the persons, or the entity
upon behalf of which the persons acted,
executed the instrument.
GLADYS M. EDOY-LEE I
CommiMton* 1673171 I
Notary PutXtc - CoWorrta \
Son Diego County j
My Comm. Explret Jul 4, 20101
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 official seal.
Place Notary Seal Above Signature of Notary Public
OPTIONAL
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:,
Capacities Claimed by Signers
Signer's Name:Signer's Name:_
D Individual
n Corporate Officer - Title
D Partner — D Limited D General
n Attorney in Fact
D Trustee
D Guardian or Conservator
Q Other:
Signer is representing
Right
Thumbprint of
Signer
Top of thumb
here
D Individual
D Corporate Officer - Title
D Partner - D Limited D General
D Attorney in Fact
D Trustee
D Guardian or Conservator
D Other:
Signer is representing
Right
Thumbprint of
Signer
Top of thumb
here
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