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HomeMy WebLinkAboutPD 01-12; Chestnut Homes LLC; 2002-0466079; Hold Harmless Agreement/ReleaseDOC # 2002-0466079 RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 MFIY 31. 2002 4:30 PM FEES: 0.00 SPACE ABOVE THIS LINE FOR RECORDERS USE ASSESSOR’S PARCEL NO. 205-210-40-00 PROJECT NO. 8 NAME: PD 01-12 Chestnut Homes II HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City’s approval of a grading plan (Dwg. No. 398-6A) for development to occur on property described as attached Exhibit “A more particularly described as (APN No. 205-21040-00), and other good and valuable consideration, receipt of which is hereby acknowledged, l/(We) Chestnut Homes, LLC, a California Limited Liability Company, 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 3f 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 3r permits by the City shall not constitute an assumption by the City of any responsibility for any jamage or taking referenced in this agreement. City shall not be responsible in any manner Nhatsoever for the design, compaction, construction or maintenance of the slopes, cuts, fills or mprovements made or done pursuant to the approved plans, nor shall any officer or employee :hereof be liable or responsible for any accident, loss or damage happening or occurring during :he construction work or improvements as specified in this agreement. The entire risk of any oss resulting from or caused by any geological failure is assumed by and shall be borne by the Iwner. 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 WJTNESS WHEREOF, the/ undersigned has executed this instrument this PROPERTY OWNERS Chestnut Homes, LLC, a California Limited Liability Company By: (signhere) Gary Winans, Agent LtEstnut Homes, LLC (print name and title) Date: By: (sign here) (print name and title) Date: :Proper notarial acknowledgment of execution by SUBDIVIDER must be attached) :Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant :reasurer must sign for corporations. Otherwise, the corporation must attach a resolution :edified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney F eputy City Attorney I:IDsveiopmenl Servcler/Maolen/Bondr li Apreemenwnoid Harmless Agl Gwlwicpl Failure 2 ROY. 1m8198 PARa A: TEXT FOETION OF TRACT 240 OF ?HUM IANDS, IN ?HE CITY OF ChRL%AD, Oxwry OF EkN Dm, STATE OF QLIFORNIA, ACCORD^ TO lvlAp 'IHEREOF ND. 1681, FILED IN ?HE OFFIG3 OF 'IHE CDUNTY RFCDRDER OF SAN DIEI33 CtXNlY, DECEMEFR 9, 1951, DEscaTBED AS FOLUWS : BEGlIWlN2 ATAPOINTOF~CNOF?HEC!DJIERLINEOFCHEShlVTAVENUEANDADAMS SlXEEl'; THEWZE ALLXG 'IHE CENIER LINE OF AWN3 ZEZET, SCUE-I 28O39'32" JiXST A DISITLNCE OF 246.31 FEET; THEWZE IXWItG 'IHE SAID CENTERLm, bDFtTH 61O20'53" JiXST A DI- OF mINE OF ClESRWT AVENUE; THEWZE ALOE ?HE SAID CE2VERLINE, bDFtTH 61°21'00" EAST 140.00 FEET; 'IHENCE IQ3RTl-I 28'39'32'' WEST A DI- OF 246.30 FEET 'ID A POINT ON 'IHE A DISTANCE OF 30.00 FEET 'ID 'IHE 7RIJE POINT OF BEGrl?NIIG; l€lEKE ALLXG ?HE SAID -, NDFOX 61°21'00" A DISTANCE OF 130.11 FEET; THWCE LFAVItG THE SAID CENTERLINE OF cHESTWT AVENUE, SOUIH 28"39'00" ERX A DISTANCE OF 30.00 FEET TO A OF 34.60 FEET; THEWZE SOVIH 59°07'00" WEST A DISTANCE OF 10.00 FEET; THENCE SOUIH POINT ON ?HE DY LINE OF ClIESINvT AVENUE; T-IEKE SOuM 30°53'00" JiXST A DISAWE 30°53'00" ERX A DISTANCE OF 55.08 FEET; SCUE-I 61°21'00" WEST A DISXAWE OF OF BEG-. 123.59 FEET; T-IEKE bDFtTH 28039'32'l WEST A DISIRKE OF 120.00 FEET, TO 'IHE ?RUE POINT BEII\S; ?HE SAME PRClpERn DESCRIBED IN CERTIFICATE OF CCMPLIANCE FOR AWWPENT PLW RECORDED JULY 12, 2001 AS DXXMENT I'D. 2001-0479399, OF OFFICI?& FUXDPDS. State of California 1 1 County of San Diego On - RY PdLf ’: (Name, Tifle of Officer) personally appeared (NameGg] of Signer[d) 6ersonallv known to rnpOR - (proved to me on the basis of satisfactory evidence) to be the person@ whose name0 @are subscribed to the within instrument and acknowledged to me that(@/she/they executed the same in @/her/their authorized capacity(&), and that by @her/their signature&on the instrument the personw, or entity upon behalf of which the person(& acted, executed the instrument. WITNESS my hand and official seal n (This area for official notary seal) Title or Type of Document Date of Document NO. of Pages ~ 7 Signer(s) other than named above