HomeMy WebLinkAboutMS 01-17; Bristol Cove LLC; 2003-0597621; Hold Harmless Agreement/Release.* OOC # 2003-0597621
MAY 211. 2003 3:5l PM
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA. 92008
OFFICIAL MoS SIUI DIEGO COUNTY RECORDER'S OFFICE GREGOM J. HIM, COclHTY REcobiDEK FEES: 0.00
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.
PROJECT NO. & NAME:
207-1 50-1 3-00
MS 01-17
Bristol Cove
HOLD HARMLESS AGREEMENT
GEOLOGICAL FAILURE
In consideration of the City's approval of a grading plan (Dwg. No. 404-1A) and
improvement plans (Dwg. No. 404-1) for development to occur on property described as Lot 13,
of Shelter Cove, in the City of Carlsbad, County of San Diego, State of California, according to
Map thereof No. 5162, filed April 23, 1963, more particularly described as (APN No. 207-150-
13-00), and other good and valuable consideration, receipt of which is hereby acknowledged,
I/(We) Bristol Cove 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.
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H:/Development Sefvcies/MasterslBonds & AgreementdHold Harmless Agt Geological Failure Rev. 12/06/98
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
7* day of #A' &N ,20&.
PROPERTY OWNERS
Bristol Cove LLC. a California Limited Liability
Company
By:
(sign here)
Steven Lappin, Member and Manager, Bristol Cove LLC
(print name and title)
Date: 3/7[0 7
(print name and title)
Date: 3/7/03
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
eputy City Attorney
(P o er 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.)
J
2 I H:iDevelopwnl SeNcieslMasterdBonds & AgreementdHold Harmless Agl Geological Failure Rev. 12/06/98
CALIF'ORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA 1
COUNTYOF ()r&m 1
DATE NAME, TITLE OF OFFICER- E.G.., "JANE DOE, NOTA~U~BLIC" . personally appeared, e>W I V' personally known to me (1 + )to bethe
person(#) whose name(f) islase subscribed to the within instrument and acknowledged to me
that he/- executed the same in his- authorized capacity(*), and that by
his- signature(fi on the instrument the person(@, or the entity upon behalf of which
the persono acted, executed the instrument.
WITNESS my hand and official seal.
b- \ a (SEAL)
NOTARY PUBLIC SIGNATURE
OPTIONAL INFORMATION I
THIS OFTIONAL INFORMATION SECTION IS NOT REQUIRED BY LAW BUT MAY BE BENEFICIAL TO PERSONS RELYlNG ON THIS NOTARIZED WUMENT. I
U DATE OF DOCUMENT 4 NUMBER OF PAGES a
SIGNER(S) OTHER THAN NAMED ABOVE SIGNER(S) OTHER THAN NAMED ABOVE
SIGNER'S NAME - SIGNERSNAME - SIGNER'S NAME - SIGNERSNAME -
RIGHT THUMBPRINT RIGHT THUMBPRINT L