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HomeMy WebLinkAboutMS 04-03; Casa Laguna II LLC; 2004-1201098; Hold Harmless Agreement/ReleaseRECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 DOC # 2004-1 201 098 I1 ’ ~lllllll111111111111111111ll1ll IIIII 111111111111111 11111 11111 1111 1111 DEC 21,2004 4:45 PM OFFICIAL RECORDS SAN DIEGO COUNT? RECURDER’S OFFICE GREGORY J SMITH, COUNTY RECURDEH 0 00 FEES 4 FAG E s I111111 Ylll Ill11 Ylll Wlll HlllU1111111 li111 Ill1 n111 Ylll HI11 Ill11 I11 1111 SPACE ABOVE THIS LINE FOR RECORDER’S USE ASSESSOR’S PARCEL NO. 155-223-20-00 PROJECT NO. & NAME: MS 04-03 Casa Laguna II HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City’s approval of a grading plan (DWG No. 421-2A) and improvement plans (DWG No. 421 -2) for development to occur on property described in Exhibit “A more particularly described as (APN No. 155-223-20-00), and other good and valuable consideration, receipt of which is hereby acknowledged, We CASA LAGUNA II, LLC, a California Limited Liability Company, the owners 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 1 HCIevelopment SeNCleS/MaSters/BondS & AgreementsJHold Harmless Agt Geological Failure 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 ?LO nx dayof ~&JW ,203. PROPERTY OWNERS CASA LAGUNA 11, LLC, a California Limited Liability Company By: (sign here) H. David Buckmaster, President Date: %I&( z00q (print name and title) By: (sign here) (print name and title) Date: APPROVED AS TO FORM: RONALD R. BALL (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 H:/Development ServciedMasterdBonds & Agreements/Hold Harmless Agt Geological Failure Rev. 12/08/98 State of California ) 1 County of San Diego 1 P On SI%\ TL63cC before me, L .< -qd, % /?& ' 9 (Date) (we, Title of Officer) personally appeared 14 b m . K5-m - (Name[s] of Signer[s]) n personally known to me -OR -)5$ (proved to me on the basis of satisfactory evidence) to be the person(@ whose name(@ subscribed to the within instrument and acknowledged to me that-y executed the same in6&&ttmr authorized capacityfes), and that bmherftkeir signature($ on the instrument the person@), or entity upon behalf of which the person(& acted, executed the instrument. WITNESS my hand and official seal a S)@dtHd of Notary (This area for official notary seal) Title or Type of Document I-cs\b kk&VVi5iFkS *m 3 Date of No. of Pages Document PNww L,aq Signer(s) other than named above r/ /A 3 Rev. 12/08198 H:/Developmnl Selvcies/Masters/Bonds & AgreemntsiHold Harmless Agt Geological Failure File No: 01113723 EXHI BIT 'A" All that certain real property situated in the County of San Diego, State of California, described as follows: That portion of Lot 1 in Fractional Section 1, Township 12 South, Range 5 West, San Bernardino Base and Meridian, in the City of Carlsbad, County of San Diego, State of California, according to Official Plat thereof, described as follows: Commencing at the intersection of the North line of Laguna Drive with the West line of Front Street as shown on Map No. 1722 of Seaside Lands filed in the Office of the County Recorder of San Diego County July 28, 1921; thence North 89O50' West along the said North line of Laguna Drive 704 feet to the True Point of Beginning; thence continuing along the said North line of Laguna Drive, North 89O50' West, 90.00 feet; thence North OOOS' East, 256 feet to a point on the Southerly boundary of Buena Vista Gardens, according to Map thereof No. 2492, filed in the Office of the County Recorder of San Diego County August 4, 1948; thence South 89O50' East along said Southerly boundary, 90.00 feet; thence South OOO5' West 256.00 feet to the Point of Beginning. Assessor's Parcel Number: 155-223-20-00