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Home My WebLink AboutSDP 01-05; Fourth Quarter Properties; 2003-0597622; Hold Harmless Agreement/ReleaseDOC # 2003-0597622 MQY 219 2003 3~51 FM IFFICIk RECORDS 51#3 DIEGO COUNTY RECORDER’S OFFICE GREW J. SHITH, COUNTY RECORDER FEES: 0.00 RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 SPACE ABOVE THIS LINE FOR RECORDER’S USE ASSESSOR’S PARCEL NO. 168-040-29-00 168-050-27-00 SDP 01-05 PROJECT NO. & NAME: Calavera Hills Village “Y” HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City’s approval of a grading plan (DWG 403-3A) and improvement plans (DWG 403-3) for development to occur on property described as attached Exhibit A more particularly described as APN No. 168-040-29-00 and 168-050-27-00, and other good and valuable consideration, receipt of which is hereby acknowledged, I/(We) Calavera Hills II, 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 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 H:/Development ServciedMastersBonds 8 AgreementdHold 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 7b dayof &P/L ,2033 PROPERTY OWNERS Calavera Hills II, LLC, a California Limited Liability Company By: McMillin Companies, LLC, a Delaware Limited By: Don Mitchell, Vice President (print name and title) Brian Milich, Senior Vice President (print nape a9 title) Date: APPROVED AS TO FORM: RONALD R. BALL City Attorney eputy City Attorney otarial acknowledgment of execution by SUBDIVIDER must be attached) n, 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 & AgreemenWHold Harmless Agt Geological Failure Rev. 12/08/98 State of California County of San Diego On April 7, 2003be,d,reme, E izabeth M. Breid, Notary Public 1 (Date) (Name, Title of Officer) (Name[s] of Signer[s]) personally appeared Don Mitchell & Brian Milich H personally known to me -OR - n rile on tn e Dasis ot sa- to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that ++&&elthey executed the same in kisftrer/their authorized capacity(ies), and that by hkUm-/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 (This area for official notary seal) Title or Type of Document Date of Document Signer(s) other than named above No. of Pages EXHIBIT “A” LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: LOT 3, TOGETHER THE SOUTHWESTERLY HALF OF COLLEGE BOULEVARD 11, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 14541, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 12,2003. ADJACENT THERETOF, OF CARLSBAD TRACT NO. 00-02 CALAVERA HILLS PHASE