HomeMy WebLinkAboutCT 99-10; Aviara Pointe LLC; 2002-1096933; Hold Harmless Agreement/ReleaseRECORDING REQUESTED BY
WHEN RECORDED MAILTO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad. CA. 92008
PROJECT NO. & NAME: CT 99-1 0
Aviara Pointe
SPACE ABOVE THIS LINE FOR RECORDER’S USE
ASSESSOR’S PARCEL NO. 251-040-08-00 &
251 -040-1 0-00
HOLD HARMLESS AGREEMENT
GEOLOGICAL FAILURE
In consideration of the City’s approval of a grading plan (Dwg. No. 401-5A) and
improvement plans (Dwg. No. 401-5) for development to occur on property described as
attached Exhibit “A more particularly described as (APN No. 251-040-08-00 and 251-040-10-
00), and other good and valuable consideration, receipt of which is hereby acknowledged,
I/(We) Aviara Pointe LLC, a California Limited Liability Company, 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
-I:/Development ServciesfMastedBonds & AgreemenWHold Harmless Agt Geological Failure Rev. 12/08/96
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
Aviara Pointe L
Company
By:
(sign here) -
Rajeev Bhatia, Managing Member
(print name and title)
Date: Q- p-0 2 I
By:
(sign here)
(print name and title)
Date:
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
(?$e, notarial acknowledgment of execution by SUBDIVIDER must be attached)
(Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant
treasurer must sign for corporations. Otherwise, the corporation must attach a resolution
certified by the secretary or assistant secretary under corporate seal empowering the officer(s)
signing to bind the corporation.)
I 2
HYDevelopment Servcies/Masters/Bonds 8 Agreementsliold Harmless Agt Geological Failure Rev. 12/08/98
State of California 1
)
personally appeared
(Name[s] of Signer[s])
0 personally known to me -OR La'
(proved to me on the basis of satisfactory evidence) to be the person6 whose named
iWsubscribed to the within instrument and acknowledged to me that he/sh&hey
executed the same in his/b&ttElr authorized capacityw, and that by his/h&Wl$
signatureN on the instrument the ), or entity upon behalf of which the person ) J
acted, executed the instrument.
(This area for
official notary seal)
Title or Type of Document I D::&ent
of No. of Pages
Signer@) other than named above %.&1) m1; r- 1-
3
H:IDevelopment SenrciedMasterdBonds 8 AgreementdHold Harmless Agt Geological Failure Rev. 12/08/98
EXHIBIT “A
LEGAL DESCRIPTION
PARCEL 1 (251-040-08-00):
THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST
QUARTER OF THE NORTHEAST QUARTER OF SECTION 27, TOWNSHIP 12 SOUTH,
RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT
SURVEY, APPROVED APRIL 21 , 1890.
PARCEL 2 (251 -040-1 0-00):
THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST
QUARTER OF THE NORTHEAST QUARTER OF SECTION 27, TOWNSHIP 12 SOUTH,
RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE UNITED STATES GOVERNMENT
SURVEY, APPROVED APRIL 21,1890.
4 H:/Development ServciedMasterdBonds 8 AgreementslHold Harmless Agt Geological Failure Rev. 12/08/98