HomeMy WebLinkAboutCUP 04-22; Ago Hills LLC; 2006-0118573; Hold Harmless Agreement/ReleaseRECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA. 92008
2006-0118573
FEB17, 2006 4:22 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORYJ SMITH,COUNTY RECORDER
FEES: n.OO
PAGES: 3
SPACE ABOVE THIS LINE FOR RECORDER'S USE
213-070-29-00ASSESSOR'S PARCEL NO.
PROJECT NO. & NAME:
Carlsbad Airport Hotels
CUP 04-22
HOLD HARMLESS AGREEMENT
GEOLOGICAL FAILURE
In consideration of the City's approval of a grading plan (DWG 432-9A) and
improvement plans (DWG 432-9) for development to occur on property described as Parcels B,
C & D of Parcel Map No. 14115, City of Carlsbad, County of San Diego, State of California,
more particularly described as (APN No. 213-070-29-00), and other good and valuable
consideration, receipt of which is hereby acknowledged, l/(We) Ago Hills, 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.
It is agreed that the above owners will maintain all slopes and landscaping in a manner
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H:\Development Services\PROJECTS\CUP FILES\CUP 04\CUP 04-22 Carlsbad Airport Hotels - Van PeskiXBonds and Agreements\HOLD HARMLESS AGREEMENT
GEOLOGICAL FAILURE.doc Rev. 12/08/98
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
(3 day of J*W , 20*6.
PROPERTY OWNERS
Ago Hills, LLC, a California limited liability company
By:
(sign here)
Nilesh Madhav, Manager
(print name and title)
Date:
By:
(sign here)
(print name and title)
Date:
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
By:_~-
rneyDeputy City Attornej
(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.)
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H:\Development Services\PROJECTS\CUP FILES\CUP 04\CUP 04-22 Carlsbad Airport Hotels - Van Peski\Bonds and AgreementsVHOLD HARMLESS AGREEMENT
GEOLOGICALFAILURE.doc Rev. 12/08/98
State of California
County of-San Diego
On \>M before me,
(Date)
personally appeared fJt V
(Name, Title of Officer)
(Name[s] of Signer[s])
jj^personally known to me -OR - n
(proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies), and that by his/her/their
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
Signakfrixo?"Noti
RENEE L. MOLLOY
Commission #1446700
Notary Public -California
Orange County f
MyCornm. Expires Oct 14,200?!•••••••»4
(This area for
official notary seal)
Title or Type of Document
Date of Document No. of Pages
Signer(s) other than named above
H:\DevelopmenI Services\PROJECTS\CUP FILES\CUP 04\CUP 04-22 Carlsbad Airport Hotels - Van Peski\Bonds and Agreemenls\HOLD HARMLESS AGREEMENT
GEOLOGICALFAILURE.doc Rev. 12/08/98