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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