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Home My WebLink AboutMS 02-08; Los Coches Village LLC; 2005-0461262; Hold Harmless Agreement/ReleaseDOC # 20054461 262 RECORDING REQUESTED BY WHEN RECORDED MAILTO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 ASSESSOR'S PARCEL NO. 255-031-20 I llllllll Ill IIIII 1111111111111111111111111 Ill11 IIIII 11111 11111 1111 1111 JUN 02,2005 8:39 AM OFFICIAL RECURDS S.4N DlEGU CUUtIT'r' RECURDER'S UFFICE IhREI;UR?'$J SMITH CUUPITY RECURDER FEES 0 00 PAGES 4 I illlll1111111111111111111 Ill1 lllll111111111 Ill11 11111 1111 11111 11111 Ill1 1111 SPACE ABOVE THIS LINE FOR RECORDER'S USE PROJECT NO. & NAME: MS 02-08 Los Coches Village HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval for development to occur on property described as attached Exhibit "A more particularly described as (APN No. 255-031-20), and other good and valuable consideration, receipt of which is hereby acknowledged, I/(We) Los Coches Village, LLC, the owner(@ 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 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 1 H:/Developmenl SewciesJMaslerslBonds 8 Agreements/Hold Harmless Agl Geologlcal Fallure Rev. 12/08/98 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 day of ,20a3. PROPERTY OWNERS York limited liability ornia corporation, (print name and title) Date: &/OC Bv: , (sign he re) (print name and title) Date: APPROVED AS TO FORM: RONALD R. BALL City Attolney (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.) 2 I H:lDevelopment SeNcieslMasterslBonds & AgreementsIHold Harmless Agt Geological Failure Rev. 12/08/98 State of California 1 1 County of San Diego 1 On F.14, w.( before me, V;LWU& 4. Gm, personally appeared em2 4l ~Lat (Date) (Name, file of Officer) U (Name[s] of Signer[s]) ~ dpersonally known to me -OR - n (proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) 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(s), or entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal I (This area for official notary seal) Title or Type of Document &. &A 4w W- GW iac&4 Date of No. of Pages Document &Y /4,atw Signer(s) other than na:ed above &W%d /4 I! 3 H./Development SeNCieS/MaStersJBOndS & AgreementslHold Harmless Agt Geological Failure Rev. 12/08/98 EXHIBIT "A" LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO AND IS DESCRIBED AS FOLLOWS: PARCEL 1 OF PARCEL MAP NO. 13970, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 25, 1985 AS FILE NO. 85-355261 OF OFFICIAL RECORDS. EXCEPT ALL WATER, WATER RIGHTS, OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL GAS, NATURAL GAS RIGHTS AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN, GEOTHERMAL STEAM AND ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING, THAT MAY BE WITHIN OR UNDER THE PARCEL OF LAND DESCRIBED ON THIS EXHIBIT, TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING AND OPERATING THEREFOR AND STORING IN AND REMOVING THE SAME FROM SAID LAND OR ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM LANDS.OTHER TI&N THOSE HEREINABOVE DESCRIBED, WATER, OIL OR GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE LAND HEREINABOVE DESCRIBED AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES, WITHOUT, HOWEVER, THE RIGHT TO DRILL, MINE, STORE, EXPLORE AND OPERATE THROUGH THE SURFACE OF THE UPPER 500 FEET OF THE SUBSURFACE OF THE LAND HEREINABOVE DESCRIBED.