HomeMy WebLinkAboutCT 97-16; Kelly Land Company; 2001-0821926; Hold Harmless Agreement/ReleaseRECORDING REQUESTED BY
WHEN RECORDED MAILTO
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr
Carlsbad, CA. 92008
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO. 208-020-34 & 35- 00
PROJECT NO. & NAME: CT 97-1 6 B(
Kelly Ranch Core Area
HOLD HARMLESS AGREEMENT
GEOLOGICAL FAILURE
In consideration of the City's approval of a grading plan (Dwg. No. 377-3A) and
improvement plans (Dwg. No. 377-3) for development to occur on property described as
portions of Lots I and F of Rancho Agua Hedionda according to Map 823 and more particularly
described as (APN No. 208-020-34 & 208-020-35), and other good and valuable consideration,
receipt of which is hereby acknowledged, We, Kelly Land Company, a Delaware 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.
1
..
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
PROPERTY OWNERS
(print nahe and title)
Y
By:
(s6n”here) -I
Date:
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
By:Jh /c. “+
Deputy 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@)
signing to bind the corporation.)
MBna16/FOMOld Hsrme~s not GBolwicaI Failure
2 Rev. 1m
I
State of California 1 1 County of San Diego 1
On ,/(,)I before me, hind (!hi+ (Name, Title of Officer)
personally appeared jxdl 9. 5-n L LlA dl.
(Name[s] of Signer[s]) rD4-( I personally known to me -OR -
(proved to me on the basis of satisfactory evidence) to be the person($ whose name@)
i /are subscribed to the within instrument and acknowledged to me that $/sVe/they
executed the same in his/her/their authorized capacity(ies), and that by t$slky?f/their
signature(s) on the instrument the person(s), or entity upon behalf of which the person@)
acted. executed the instrument.
!
WITNESS my hand and official seal
(This area for
official notary seal)
Title or Type of Document
No. of Pages
Signer(@ other than named above
3 Rev. 12/08/98