HomeMy WebLinkAboutSDP 99-07; Rancho La Costa Village LLC; 2001-0607918; Hold Harmless Agreement/ReleaseDOG # 2001-0607918
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA. 92008
fwG 279 2001 3:23 AH
OFFICIAL REixlf@s SfM DIEM C@tMY RECORDER’S OFFICE GREGORY ;.$ITHI ~~~C~~~ . . .
SPACE ABOVE THIS LINE FOR RECORDER’S USE
ASSESSOR’S PARCEL NO. 223-060-29-00
PROJECT NO. & NAME: SDP 99-07
Ranch0 La Costa Village
HOLD HARMLESS AGREEMENT
GEOLOGICAL FAILURE
In consideration of the City’s approval of a grading plan (Dwg. No. DWG 393-3A) and
improvement plans (Dwg. No. DWG 393-3) for development to occur on property described as
Parcel 2, PM 12586 recorded 2/25/83 as file 83-060578 more particularly described as (APN No.
223-060-29-00), and other good and valuable consideration, receipt of which is hereby
acknowledged, We, Ranch0 La Costa Village, LLC, 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
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
AaLL day of T1.h e ,20&I.
PROPERTY OWNERS Ranch0 La Costa Village. LLC. a California Limited Liabilitv Companv
By: Pacific La Costa Village, LLC, a California Limited
Liability Company
By:
(sign name here)
Richard Simis, Managing Member
(print name and title)
Date: $/fGhJ (
APPROVED AS TO FORM:
(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.)
State of California
County of San Diego
personally appear
(Name[s] of Signer[s])
I . personally known to me -OR - l
(ce) to be the person b hose name&.,
G&cre subscribed to the within instrument and acknowledged to me that 4Zii2sm
executed the same in t$$&Mheir authorized capacity(k), and that by Q$@e&b&
signature k on the instrument the personkor entity upon behalf of which the person&,
acted, executed the instrument.
WITNESS my hand and official seal Commission # 1249758
Signature of Notary official notary seal)
Title or Type of Document
Date of
Document
No. of Pages
Signer(s) other than named above