HomeMy WebLinkAboutSDP 99-16; Wilmington Trust Company; 2000-0513436; Hold Harmless Agreement/ReleaseRECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA. 92008
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3298 SAN DIEW cDIB(pI REMRDER'S DFFICE OFFICIW. RECDKIE
GREW J. SnITH, WONTY RECNKER FEES: 16.00
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO. 222-601-02-00
PROJECT NO. & NAME: SDP 99-16
Kindarcare Carrillo
HOLD HARMLESS AGREEMENT
GEOLOGICAL FAILURE
In consideration of the City's approval of a grading plan (Dwg. No. 388-7A) for
development to occur on property described as those portions of lots 105 and 106 of Carlsbad
Tract No. 93-04, Rancho Carrillo Village "Q", phase 1 in the City of Carlsbad, County of San
Diego, State of California, according to map No. 13551 filed in the Office of the San Diego
County Recorder March 31, 1998, described as parcel A of Certificate of Compliance recorded
July 2, 1999 as tile No. 1999-0463612 of official records more particularly described as (APN
No. 222-601-02-00), and other good and valuable consideration, receipt of which is hereby
acknowledged, We Wilmington Trust Company, a Delaware corporation, 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
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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.
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MasterslFormslHold Harmless Agi Geological Fallwe
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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 ,20gO,
PROPERTY OWNERS Wilmington Trust Company, a Delaware corporation, not in its individual capacity, but solely as Trustee under the Kindercare Realty Trust 1999, a Delaware Business Trust
I Date: 8-I\-00
Date: 8-11-00
APPROVED AS TO FORM:
By:
(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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MasteislFormslHald Harmless Agl GeoIoglCal Failure Rev. 12108198
State of Oregon
County of Multnomah
This instrument was acknowledged before me on August 11,2000 by Joe Keough
as Vice President of Real Estate and Eva M. Kripalani, Vice President, General Counsel
and Secretary of KinderCaxe Learning Centers, Inc., a Delaware Corporation.
1 (9 &
Notary Public - State of Oregon
My commission expires: 7-5-03
OFFICIAL SEAL LISA A. DOMENICO
NOTARY PUBLIC-OREGON COMMISSION NO. 325007 MY COMMISSION EXPIRES JULY 5.2003
Reference: Page 3a of Hold Harmless Agreement Geological Failure - KCLC Carlsbad #1648.