HomeMy WebLinkAboutCT 97-17; Brehm-Aviara III Development Associates LP; 1999-0654104; Hold Harmless Agreement/ReleaseDOC ‘3 1999-0654104
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA. 92008
9056 ‘, SEP 24, 1999 4:03 PM
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liyl~liulllllwlllll~llululllluluillllMi 1999-0654104
%JAC;EABOVE THIS LINE FOR RECORDER’S USE
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_( ((, : :I#:, : L A#$&i~t3R’S-@ARtht NO. 2 15-841-02 (( -,,’ PbJECT NO. & NAM& CT 97-17
‘, i ~+#&ARA PHASE Ill
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HOLD HARMLESS AGREEMENT
GEOLOGICAL FAILURE
I E ,‘ I :,:
In consideratton of the City’s approval of a grading plan (Dwg, No. $78-7) and
improvement plans (Dwg. No. 378-7A) for development to occur on property described as Lots
3 & 4 of Map No. 13434, more particularly described as (APN No. 215841-02), and other good
and valuable consideration, receipt of which is hereby acknowledged, We, Brehm-Aviara III
Development Associates, L.P. a Delaware limited partnership, the owners of said,“property
promise to indemnify and to hold the City of Carlsbad, its officers, agents and employees
harmless from liability for injuries to any persons, or damage to or taking of any property
including public property, directly or indirectly caused by the geological failure of any nature,
type or cause or any subsequent damage that may occur on or adjacent to this subdivision due
to its construction, operation or maihtenance.
Approval of the plans or permltsi or inspection of any work done pursuant to those plans
or permits by the City shall not con&&.&? an assumption by’the City of any responsibility for any
damage or taking referenced in this agreement. City shall not be responsible in any manner
whatsoever for the design, compaction, construction or maintenance of the slopes, cuts, fills or
improvements made or done pursuant to the approved plans, nor shall any officer or employee
thereof be liable or responsible for any accident, loss or damage happening or occurring during
the construction work or improvements as specified in this agreement. The entire risk of any
loss resulting from or caused by any geological failure is assumed by and shall be borne by the
owner.
Masters/Forms/Hold Harmless Agt Geological Failure
1
Rev. 1 Z/Ol$E@’
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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
L;‘g::; *,: interest in all or any part of the prop&$ described herein. ” 11:;
IN WITNESS WHEREOF, the undersigned ’ ‘has execute,d this instrument this
/j* dayof /j$,$@ _: “,“jiw.‘~ /j* dayof /j$,$@ _: _( “,“jiw.‘~
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13 13 ,: ,: PROPERTY OWNERS PROPERTY OWNERS ,“‘, : ,“‘, : ,;, ,;, Brehm-Aviara III Development Associa&%‘L.P. Brehm-Aviara III Development Associa@&‘L.P.
a Delaware limited partnership a Delaware limited partnership ,,_a ,,_a ,’
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By: ! See ,.+tt?sehed y;‘;; z!iii:i, A.. L. (sign here) ,: ( yv ,:,_ (‘ 'i, Jack IId Young, Sr. Vice P?e%:fdeht ~jj,
forint name and title) L’.i ,“
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Date:
By:
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(Signhere) ”
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t, I( ‘::’ ,;,L‘,j $1 ,,.;ls.$
,’ ii‘ (print name and title) i ‘, 2: ,“ 1, (3 3, (:, I) :(( ‘j.$i@R;‘ (( (_( ‘i’ “(
(‘3 : APPROVED AS TO FORti )‘ ,i, ‘:!
:,i $’ RONALD R. BALL :~, ,)‘ ,:, ,‘)
(Proper notarial acknowledgment of execution by SUBDIVIDER must be attached)
(Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant
treasurer must sign for corporations. Otherwise, the corporation must attach a resolution
certified by the secretary or assistant secretary under corporate seal empowering the officer(s)
signing to bind the corporation.)
I 2
MasterslFomWHold Harmless Agt Geological Failure Rev. WOW98
9058 -
Brehm-Aviara Development Associates, L.P.
a Delaware Limited Partnership
By: Brehm-Aviara Group, LLC
a California Limited Liability Company
By: The Brehm Companies, LLC
a Calif. Limited Liability Company
its Managing Partner
. . . 9059
State of California
County of San Diego
1 (Name, Tit/e of Officer)
(Name[s] of Signer[s])
I personally known to me-O&&
Q to be the person@ whose name(g
is/# subscribed to the within instrument and acknowledged to me that he/*$&
executed the same in his@&& authorized capacity(H, and that by his/H/H
signatureen the instrument the personti, or entity upon behalf of which the person Id
acted, executed the instrument.
WITNESS my hand and official seal
WENDY i. JONES
Commission # 1147844
(This area for
official notary seal)
Title or Type of Document
Date of Document
Signer(s) other than named above
No. of Pages