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Home My WebLink AboutCT 97-13; Carlsbad Oaks North Partners LP; 2006-0854467; Hold Harmless Agreement/ReleaseRECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 DQC# 2006-0854467 DEC 01,2006 10:35 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORYJ SMITH,COUNTY RECORDER FEES: 0.00 PAGES: 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO. 209-120-09 PROJECT NO. & NAME: CT 97-13 Carlsbad Oaks North Phase 2 HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 415-91) and improvement plans (DWG 415-9J) for development to occur on property described as (see attached, Exhibit "A") more particularly described as (APN No. 209-120-09), and other good and valuable consideration, receipt of which is hereby acknowledged, l/(We) Carlsbad Oaks North Partners, L.P., 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. It is agreed that the above owners will maintain all slopes and landscaping in a manner 1 H \Development Services\PROJECTS\CT FILES\CT 1990 - 1999\CT 97-13 Carlsbad Oaks North - WickharrtBonds and Agreements\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE(DWG 415-9JJ.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 H:\Development Services\PROJECTS\CT FILES\CT 1990 - 1999XCT 97-13 Carlsbad Oaks North - Wickham\Bonds and Agreements\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE(DWG 415-9JJ.doc 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 18th of October > 2Q06 PROPERTY OWNERS Carlsbad Oaks North Partners, L.P., a California Partnership By: Sun Tech Investments Corp., a California Corporation, General^ By: Paul K. Tchang, President Date: By: (print name and title) October 18, 2006 (sign here) APPROVED AS TO FORM: RONALD R. BALL City Attorney Date: (print name and title) TJeputy 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 FILES\CT 1990 - 1999\CT 97-13 Carlsbad Oaks North - Wickham\Bonds and AgreementsVHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE(DWG 415-9J).doc State of California ) County of San Diego ) On Oct. 18, 2006 before me, Paula Banner, Notary Public , (Date) (Name, Title of Officer) personally appeared Paul K. Tchang (Name[s] of Signer[s]) l ix 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. \MMAHARMfft Commteton * 1452769 WITNESS my hand and official seal C^/^&^ f*A^U^ My Comm. Expire Mar 19, 201 (This area for Signature of Notary official notary seal) Title or Type of Document Date of Document Signer(s) other than Hold Harmless Agreement October 18 named above » 2006 No. of Pages N/A 5 4 H:\Development Services\PROJECTS\CT FILES\CT 1990 - 1999\CT 97-13 Carlsbad Oaks North - WickhamVBonds and AgreementsMHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE(DWG 415-9J).doc 6 Exhibit "A" LEGAL DESCRIPTION Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: Carlsbad Tract No. 97-13-02, Carlsbad Oaks North Phase 2, being a subdivision of that portion of Lot "B" of Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 823, filed in the Office of the County recorder of San Diego County, November 16, 1896.