HomeMy WebLinkAboutSDP 97-07B; Grant Tucker Properties; 2007-0262799; Hold Harmless Agreement/Release8796 DQC# 2007-0262799
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA. 92008
APR 18, 2007 11:55 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
Q REG 0 R Y J. S MIT H CO LI N T Y R E CO R D E R
FEES: 16.00
PAGES: 4
2007-0262799
SPACE ABOVE THIS LINE FOR RECORDER'S USE
216-580-07ASSESSOR'S PARCEL NO.
PROJECT NO. & NAME:
La Costa Plaza - Parcel 7
SDP 97-07(6)
HOLD HARMLESS AGREEMENT
GEOLOGICAL FAILURE
In consideration of the City's approval of a grading plan (DWG 379-9C) for development
to occur on property described as (see attached, Exhibit "A) more particularly described as
(APN No. 216-580-07), and other good and valuable consideration, receipt of which is hereby
acknowledged, l/(We) Grant Tucker Properties, a California 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.
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
H:\Development Services\PROJECTS\SDP FILESVSDP 97-07B La Costa Plaza - Jimeno\Bonds and Agreements\HOLD HARMLESS AGREEMENT GEOLOGICAL
FAILURE(379-9C) doc
8797
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
of fi^1^*fr^^ . 20^.
PROPERTY OWNERS
GrantTuckerPmperties, a California limited
liability
By:
(signhere)
Steven P. Grant, Managing Member
(print name and title)
Date:
By:
(sign here)
Larry Tucker, Managing Member
(print name and title)
Date:
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
By: JA
Deputy 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.)
2
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FAILURE(379-9C).doc
8798
State of California
County of San Diego-
On
(Date)'
personally appeared
before me,
(Name, Title -et Officer)
(Name[s] of Signer[s])
_,.j>^>ersonally known to me -OR - D
(proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies), and that by his/her/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
AMGAL A. HANCOCK
CommWon # 1S664S9
Notary Pubic - CoWbrnta
Orang* County
MyComm. BB*M Jun 10.
(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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FAILURE(379-9C).doc
8799
EXHIBIT "A"
Legal Description
Lot 7 of Carlsbad Track No. 97-09, La Costa Lucky Sav-on Shopping Center
#121-283, in the City of Carlsbad, County of San Diego, State of California,
according to Map thereof No. 14038, filed in the Office of the County Recorder of
San Diego County, September 15, 2000.
4
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FAILURE(379-9C).doc