HomeMy WebLinkAboutSDP 00-17; Carlsbad Apts LP; 2003-1095334; Hold Harmless Agreement/ReleaseRECORDING REQUESTED BY
WHEN RECORDED MAILTO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA. 92008
DOC # 2003-1095334
OFFICIAL REOS SAN DIEGO COUNTY REiXRDER'S OFFICE GREGORY J. SHIM, CMY RECORDER FEES: 0.00
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO. 167-030-51,55,71
PROJECT NO. 81 NAME: SDP 00-17
SUMMIT AT CARLSBAD
HOLD HARMLESS AGREEMENT
GEOLOGICAL FAILURE
In consideration of the City's approval of a grading plan (DWG 403-9A) and
improvement plans (DWG 403-9) for development to occur on property described as portions of
Lots 3 and 4 in Section 32, Township 11 South, Range 4 West, San Bernardino Meridian, and
Parcel 2 of Parcel Map No. 4838, in the City of Carlsbad, County of San Diego, State of
California, more particularly described as (APN Nos. 167-030-51, 55, & 71), and other good
and valuable consideration, receipt of which is hereby acknowledged, (We) Carlsbad Apts. LP,
a Nevada Limited Partnership, 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 pursuant30 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.
1 H:IDeveloprnent Servcies/Masters/Bonds & AgreernentslHold Harmless Agt Geological Failure Rev. 12/08/98
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 m day of Iy)m! ,20@
~ (print name and title)
PROPERTY OWNERS Carlsbad Apts. LP, a Nevada Limited Partnership
By: Carlsbad Apts. LLC, a Nevada Limited Liability Company, its General Partner
By: Carlsbad Apts. MM, Inc., a Nevada
~ Date: 3 -20-0 3
By:
1 APPROVED AS TO FORM:
(sign here)
(print name And title)
11 sbfJ-&u L\\W gyur tf -
By:
where)
RONALD R. BALL
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:/Development Sewcies/Masters/Bonds 8 AgreementsfHold Harmless A@ Geological Failure Rev. 12/08/98
State of
County of
+MU I
(Name, Titlelof Officer)
On 9)za J 63 before
(Date)
I (Name[s] of Signer[s])
personally appeared 7) o\Mk!i
,pYpersonally known to me -OR - n
(proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s)
islare subscribed to the within instrument and acknowledged to me that helshelthey
executed the same in hislhedtheir authorized capacity(ies), and that by hislherltheir
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
Signature of Notary
(This area for
official notary seal)
Title or Type of Document
Date of Document
Signer(s) other than named above
No. of Pages