HomeMy WebLinkAboutCT 97-13; Carlsbad Oaks North; 2004-1180068; Hold Harmless Agreement/ReleaseDOC # 2004-1 180063 RECORDED REQUEST OF
First American Title
SUBDIVISION MAPPING DEI'?'
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA. 92008
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DEC 15,2004 352 PM
OFFICIAL RECORDS SAN DlEGU COUNTY RECORDER'S OFFICE GREGORY J. SMITH, COUNTY RECORDER FEES: 0.00 PAGES: 3
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2004-1 180068
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NOS. 209-050-21
209-050-22
209-050-23
209-050-24
CT 97-1 3 PROJECT NO. & NAME:
CARLSBAD OAKS NORTH
J HOLD HARMLESS AGREEMENT
GEOLOGICAL FAILURE
In consideration of the City's approval of a grading plan (DWG 415-9A) and
improvement plans (DWG 415-9) for development to occur on property described as a 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, and other good and valuable consideration, receipt of which
is hereby acknowledged, I/(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.
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H:lDevelopment Servcies/Masters/Bonds ?. AgreementslHold Harmless Agl Geological Failure Rev. 12108198
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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
dayof a ts kf- ,20&.
PROPERTY OWNERS
Carlsbad Oaks North Partners, L.P., a California Limited Partnership
Sun Tech Investments Corp., a California
By:
Paul K. Tchang, President
(print name and title)
Date:
By:
(sign he re)
(print name and title)
Date:
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
BY:+UQ& eputy City A orney
(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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State of California 1
)
County of San Diego 1
Title Or Type Of Document Hold Harmless Apreement -
Date of No. of Pages
Geological Failure
Document 10/18/04 3
On Oct. 18, 2004 before me, Kimberly L. Aeria, Notary Public 1
(Date) (Name, Title of Officer)
(Name[s] of Signer[s]) personally appeared Paul K. Tchaner
I
El personally known to me -OR - 0
Signer(s) other than named above
(proved to me on the basis of satisfactory evidence) to be the person(s) whose name@)
idare 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.
I
WITNESS my hand and official seal
(This area for
official notary seal)
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