HomeMy WebLinkAboutCT 99-08; Concordia Carlsbad - 19 LLC; 2001-0289496; Hold Harmless Agreement/Release. * DOG # 2001-0289496 .
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RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA. 92008
MCIY 08, MCIY 08,
6900 6900
2OOl I:42 PM 2OOl I:42 PM
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llllllll~l~lll~~Rgs 2001-0269496
SPACE ABOVE THIS LINE FOR RECORDER’S USE
ASSESSOR’S PAiXEL NO. 167-090-69-00
PROJECT NO. & NAME: CT 99-08
Spyglass II Fz, fi le :*
HOLD HARMLESS AGREEMENT
GEOLOGICAL FAILURE
In consideration of the City’s approval of a grading plan (Dwg. No. 390-7A) and improvement plans
(Dwg. No. 390-7) for development to occur on property described as a portion of Lot “J” of Ranch0
Agua Hedionda, In the City of Car&bad, County of San Diego, State of California according to
partition Map thereof No. 823, filed in the Office of the County Recorder of San Diego County,
November 16, 1896, more particularly described as (APN No. 167-090-69-00), and other good
and valuable consideration, receipt of which is hereby acknowledged, We, LB/L - Concordia
Carlsbad - 19 LLC, 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 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
Mastsrs/FormS/Hold Harmless /qt Geological Failure
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1 J y ./’
Rev. 12mW98
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
13th day of February ,2oJ5
PROPERTY OWNERS
LB/l - Concordia Carlsbad - 19 LLC
a limited liability company
By: see attached signature page
(sign here)
(print name and title)
Date:
By:
(sign here)
(print name and title)
Date:
APPROVED AS TO FORM:
(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.)
2 I Masters/Form&Hold Harmless A@ Geological Failure Rev. 12/08/9&l
Attached Signature Page
LB/L-Concordia Carlsbad-19 LLC,
a Delaware limited liability company
By: LB/L-Concordia Master LLC,
a Delaware limited liability company
Its: Initial Member
By: LB/Lakeside Capital Partners, LLC,
a Delaware limited liability company,
Its: Managing Mtimber
Title: Authorized Signatory
. .
i 6903 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
Lo4 ndj 64s 5 County of
On #@5? 13, ZbU/ , before me, 8* Date
personally appeared A /l&u+v
Name(s) of Signer(s)
H=- rsonally known to me
clc
to be the person is/are-
subscribed to t-P
whose name
t e within P instrument and
acknowledged to me that he/she&q executed
the same in his/he&heir authorized
capacity@@, and that by his/be&h&
signature
the entit P
on the instrument the person&r), or
upon behalf of which the person&$
acted, executed the instrument.
Place Notaty Seal Above
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached cum
Title or Type of Document: & 22&@w?ss &dsczzN&dT &h/&/&u
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer’s Name:
0 Individual
0 Corporate Officer - Title(s):
0 Partner - q Limited 0 General
0 Attorney in Fact
0 Trustee
i3 Guardian or Conservator
0 Other:
Signer Is Representing:
0 1999 National Notary Association - 9350 De Soto Ave., PO. Box 2402 - Chatsvmth, CA 913132402 * w.nationalnotaryoTg Prod. No. 5907 Reorder: Call Toll-Free I-864-676-6827