HomeMy WebLinkAboutSDP 05-18A; ECR Corporate Center; 2007-0650790; Hold Harmless Agreement/ReleaseDOC# 2007-0650790
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA. 92008
2007-0650790
OCT 09, 2007 11:04 AM
OFFICIAL RE CORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
G fi E G DRY J. S MIT H. CO U N T r R t CO R D E R
FEES: 13.00
PAGES: 3
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.
PROJECT NO. & NAME:
ECR Corporate Center
213-110-01-00
SDP05-18A
HOLD HARMLESS AGREEMENT
GEOLOGICAL FAILURE
In consideration of the City's approval of a grading plan (DWG 451-9A) and
improvement plans (DWG 451-9) for development to occur on property described as Lot 1 of
Carlsbad Tract 99-03, in the City of Carlsbad, County of San Diego, State of California,
according to the map thereof no. 14543, filed in the office of the County Recorder more
particularly described as (APN No. 213-110-01-00), and other good and valuable consideration,
receipt of which is hereby acknowledged, l/(We) ECR Corporate Center, L.P., a California
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 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.
H:\Development Services\PROJECTS\SDP FILES\SDP 05-18A ECR Corporate Center - Levy\Bonds and AgreementsUHOLD HARMLESS AGREEMENT GEOLOGICAL
FAILURE(DWG 451 -9).doc Rev. 12/08/98
2376
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
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
By:^J
PROPERTY OWNERS
ECR Corporate Center, L.P., a California limited
partnership
By: ECR Carlsbad Management, LLC, a Delaware
limited liability company Its General Partner
By: WBC Investments LLC, a California
limited liability company Its Co-Managing
Member
By: Finest City Realty Advisors, Inc., a
California corporation Its Co-Managing Member
By:
John C. White, Co-Managef
/ (sign here) _"""—i
{ Charles Abdi, President,*-i<w*
Date:
(print name and title)
(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:\Developmsnt Services\PROJECTS\SDP FILESVSDP 05-18A ECR Corporate Center - Levy\Bonds and Agreements\HOLD HARMLESS AGREEMENT GEOLOGICAL
FAILUREfDWG 451-9J.doc Rev. 12/08/98
2377
State of California
County of San Diego
before me
(Date)
personally appeared
, \*|<7<7Air<\j i rvj cVM vC-
tf/ame, Title bf Officer)
C.l?/ i
(Namefs] of Signer[s])
L [^personally known to me -OR - n
(proved to me on the basis of satisfactory evidence) to be the person^) whose
4s/are subscribed to the within instrument and acknowledged to me that ho/oho/they
executed the same in his/her/their authorized capacity^!), and that by -Ha/hef/their
signature^pon the instrument the person^ or entity upon behalf of which the person^)
acted, executed the instrument.
WITNESS my hand and official seal
Signature of Notary
llOWNING
ComiMMlon * 1753681
NokMy PubNc - CeHifornia i
Son Oi«go County
(This area for
official notary seal)
Title or Type of Document
Date of Document No. of Pages
Signer(s) other than named above
H:\Development Services\PROJECTS\SDP FILESXSDP 05-18A ECR Corporate Center - Levy\Bonds and Agrsements\HOLD HARMLESS AGREEMENT GEOLOGICAL
FAILURE(DWG 451-9J.doc Rev. 12/08/98