HomeMy WebLinkAboutSDP 00-10; Fourth Quarter Properties; 2003-0597619; Hold Harmless Agreement/ReleaseRECORDING REQUESTED BY
WHEN RECORDED MAILTO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA. 92008
DFFICIhL RECORDS SAN DIEGO COUNTY kFmR'S DFFICE GREGORY J. SMITHY COUNTY RECORDER FEES: 0.00
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO. 255-012-04-00
PROJECT NO. & NAME: SDP 00-10
The Pavilion at La Costa
HOLD HARMLESS AGREEMENT
GEOLOGICAL FA1 LU RE
In consideration of the City's approval of a grading plan (Dwg. No. 398-4A) for
development to occur on property described as Lot 4 of Map No. 13997 recorded July IO, 2000,
in the Office of the County Recorder as File No. 2000-362589 more particularly described as
(APN No. 255-012-04-00), and other good and valuable consideration, receipt of which is
hereby acknowledged, I/(We) Fourth Quarter Properties XXX, LLC, a Georgia 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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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 FDVMdvq, , 20@.
(sign here)
@d!u &5E - dP (XhkLOlJh6d.r'
(print name and title)
Date:
By:
(sign here)
(print name and title)
Date:
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
I /fjeputy City Attorney 1 (Pr@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
2 I H:/Deveiopment Servcies/Masters/Bonds & Agreements/Hold Harmless Agt Geological Failure Rev. 12/08/98
.
State of California )
)
County of San Diego )
On a. /?- 2d before me, ~w,;J& 6d~~5&, dmw 9
(Date) ’ (Narde, Title of Officer)
(Name[s] of Signer[s])
personally appeared d&d/ ‘2 6. as
0 personally known to me -OR -A
(proved to me on the basis of satisfactory evidence) to be the person@ whose name0
is/are subscribed to the within instrument and acknowledged to me that he/4keftltey
executed the same in his/+w&b& authorized capacity(- and that by his-
signature@ on the instrument the person(s), or entity upon behalf of which the person-@j
acted, executed the instrument.
- - -
WITNESS my hand and official seal
A
(This area for
official notary seal) ure of Not@ [
Title or Type of Document &LO reem- t
& Date of No. of Pages
Signer(s) other than named above
Document
4
H:IDevelopmeni ServciedMasterdBonds & AgreementdHold Harmless Agi Geological Failure Rev. 12/08/98