HomeMy WebLinkAboutPIP 05-01; Greyhawk Associates; 2014-0529881; Hold Harmless Agreement/ReleaseRECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA. 92008
DOC# 2005-1054382
DEC 07, 2005 3:48 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY J. SMITH, COUNTY RECORDER
FEES: 0.00
PAGES: 3
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NOS. 221-015-02
221-015-06
PROJECT NO. & NAME:PIP 05-01
PALOMAR FORUM EAST LOT 5
HOLD HARMLESS AGREEMENT
GEOLOGICAL FAILURE
In consideration of the City's approval of a grading plan (DWG 430-9A) and
improvement plans (DWG 430-9) for development to occur on property described as Lot 5
of Carlsbad Tract No. 99-06, per Map No. 14831 recorded June 29, 2004 as File No.
2004-0606953, more particularly described as (APN Nos. 221-015-02 and 221-015-06), and
other good and valuable consideration, receipt of which is hereby acknowledged, We,
Greyhawk Associates, a California corporation, 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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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
day of
PROPERTY OWNERS
Greyhawk Associates, a California corporation
PtSy
(sign here)
Daniel J. Russo, Its: Chief Financial Officer
(print name and title)
Date:
By:
(sign here)
(print name and title)
Date:
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
)eputy City Attorney
(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.)
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H:/Development Services/Masters/Bonds & Agreements/Hold Harmless Agt Geological Failure Rev. 12/08/98
State of California
County of-Oflfl-Biego
On before
(Date)
personallyappeared_L^JM^L. >J- /It/
(Name, "Title of Officer)
(Name[s] of Signer[s])
known to me -OR - D
(proved to me on the basis of satisfactory evidence) to be the person^T whose
is/afe subscribed to the within instrument and acknowledged to me that he/ehe/trtey
executed the same in his/herftheir authorized capacity(ies), and that by his/hef/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
/Sj^nature of Notary
JANET
Commtatoo* 1449427
Oran0» County
MyComm.ExpkwNov4.2007
(This area for
official notary seal)
Title or Type of Document
Date of Document No. of Pages
Signer(s) other than named above
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