HomeMy WebLinkAboutMS 01-02; McMillin Montara LLC; 2003-1486882; Hold Harmless Agreement/Release. t,
\ DOC # 2003-1486882
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA. 92008
OFFICIclL KmDS SAN DIEGO CWNTY RECORDER‘S OFFICE GREGORY J. SMITH, CWNTY RECORDER FEES: 0.00
SPACE ABOVE THIS LINE FOR RECORDER’S USE
ASSESSOR’S PARCEL NO. 168-292-29-00
PROJECT NO. & NAME: MS 01-02
Calavera Hills Village R
HOLD HARMLESS AGREEMENT
GEOLOGICAL FAILURE
In consideration of the City’s approval of a grading plan (DWG 412-3A) for development
to occur on property described as attached Exhibit “A, more particularly described as (APN
No. 168-292-29-00), and other good and valuable consideration, receipt of which is hereby
acknowledged, I/(We) McMillin Montara LLC, a Delaware 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 I iability for i njuries to a ny persons, o r d amage to o r taking of a ny
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
to insure slope stability to the satisfaction of the City Engineer. The owners agree to repair any
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H:IDevelopment Servcies/Masters/Bonds & Agreements/Hold Harmless Agt Geological Failure Rev. 12/08/96
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 (4* day of h\nh~&2~-/ ,20&.
PROPERTY OWNERS
McMillin Montara. LLC. a Delaware limited liabilitv comDanv
(name of Princioall By: McMillin Management Services, LP, A California
By: Corky McMillin Construction Services Inc, A
limited partnership, Its Manager
By:
Brian Millich, Senior Vice President
(print name and title)
Date: I/-IY-03
By:
Don Mitchell, Vice President
(print name and title)
Date: (Y- 0'3
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
eputy City Attorney
(Pr&r 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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State of California 1 1
County of San Diego )
(Date) (Name, Title of Officer)
personallyappeared 'i)Ov\ m&t( d %&VI/ bt 'L<L
(Name[s] of Signer[s])
drsonally known to me -OR - [7
(proved to me on the basis of satisfactory evidence) to be the person(s) whose name@)
idare 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@), or entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal
(This area for
official notary seal)
Date of No. of Pages
Document i I- 14- 2003
Signer(s) other than named above
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EXHIBIT “A”
LEGAL DESCRIPTION
A PORTION OF LOT 168 AND THE REMAINDER PARCEL OF CARLSBAD TRACT NO. 83-19
CALAVERA HILLS VILLAGE “T, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12951, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON JULY 16,1992.
I SAID PROPERTY BEING DESCRIBED AS PARCEL A IN A CERTIFICATE OF COMPLIANCE
RECORDED SEPTEMBER 20, 2000 AS FILE NO. 2000-0503706 OF 0 FFlClAL RECORDS
OF SAID SAN DIEGO COUNTY.
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