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HomeMy WebLinkAboutCT 99-06; Palomar Forum Associates LP; 2014-0529879; Hold Harmless Agreement/ReleaseDOC # 2004-0494023 L RECORDING REQUESTED BY WHEN RECORDED MAILTO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 PROJECT NO. & NAME: CT 99-06 Palomar Forum MAY 27s 2004 4~59 PM OFFICIAL RErnM 9% DIEGO MIUHPI REcaufm'S OFFICE GREHRY J. %ITHI COUNTY KECORDER FEES: 0.00 SPACE ABOVE THIS LINE FOR RECORDERS USE ASSESSOR'S PARCEL NO. 221 -012-10-00, 221 -01 0-1 7-00 HOLD HARMLESS AGREEMENT GEOLOGICAL FA1 LU RE In consideration of the City's approval of a grading plan (DWG 399-4A) and improvement plans (DWG 399-4) for development to occur on property described as a portion of Sections 13 and 18, Township 12 South, Range 4 West, San Bernardino Meridian, and a portion of Section 18, Township 12 South, Range 3 West, San Bernardino Meridian, in the City of Carlsbad, County of San Diego, State of California, according to the official plat thereof more particularly described as (APN No. 221-012-1 0-00, 221-010-1 7-00), and other good and valuable consideration, receipt of which is hereby acknowledged, I/(We) Palomar Forum Associates 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 1 H:/Development Servnes/Masters/Bonds & AgreementdHold Harmless Agt Geological Failure Rev 12/08/98 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 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 zqv5 day of M&ccL ,2003. PROPERTY OWNERS Palomar Forum Associates L.P., a California Limited Partnership Davis Carlsbad’ Partners, a By: California General Partnership (sign here) -, r L. (print name and title) Date: By: \ (sign here) APPROVED AS TO FORM: RONALD R. BALL City Attorney - By: Deputy C‘ity 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 2 H:/Development ServcieslMasters/Bonds 8.. AgreemenWHold Harmless Agt Geological Failure Rev. 12/08/98 -. c State of California ) 1 County of &m++ege OrmgG )W On B-aPl-Olf beforeme, h!&fi Vh,Vhni NhVV bkkb (Date) (dame, Title df Officer) (Name[s] of Signer[s]) personally appeared ,$personally known to me -OR - 0 (proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that hekhelthey executed the same in hislherltheir authorized capacity(ies), and that by hislherltheir signature(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal Signature of Notary (This area for official notary seal) Title or Type of Document No. of Pages c Date of Document %-aq 1 0 Signer@) other than named above nm,