HomeMy WebLinkAboutCT 96-02; Terraces At Sunny Creek, The; 2000-0173368; Hold Harmless Agreement/Releasec RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA. 92008
3737 DOG: 2000-0173368
FlPR 05s 2000 11:57 fwl
OFFICIAL REatRlH piDIE yw REER’n . . . ’ lb.00
lIlllllli;;llllll~lHYI 2000-0173366
/ ~~##J##$YE THIS LINE FOR RECORDER’S USE
G I*; : 5, ‘5’ 1, a’, ] f ‘~~~~&,~, -: : “ ’ ,*l.,q
; : /j P’ 1:; A@$&&$R’S~ f&#!!@~;~MO. 209-090-01 thru
(_ 12 84 209-090-
PR+k@~TWO. & NAME:
TBdl&O E&AT ;SjJN NYC Rl,,I ;.
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HOLD HARMLESS AGREEMENT _’ “!T‘ *:
‘a, GEOLOGICAL FAILURE 3 L;jgjjl ,::I~, ‘ (::/,I:i :, ((,, i L‘~( L _, ‘~/ j( ,~j_: j’ : i( (8s (~‘ :d (I (_( / j L ‘.‘+$ (lo: I _((/ ( :bj: .‘_,_ 3 ; t:;!.].’ L o,:,, L
ln Chinsiti@~#@ of the City’s approval 6f a grading plan (l&vg; ‘Mb. ; 36&&J) and
improvement plans @Wg. No. 361-6) for development to occur on property desc@bs# as the
northeast cdmer,of EE Gamin0 Real and College Blvd., more p$Mict8larly described $6 (APN 2 ,::, No. 209-090-01 “%u 22 & 2094$!&9)~ and other good and va~&bfe con&erati8n, #!ceipt of i: G“ which is her&$ ,a&&&ledged, “~&#&$ Th& Tera~s at ~~~$&&&k ~LcI;‘$$“C$l~&f~ limited ,( ((
liability company, the‘-m$ners of said property promise to indemnify and to hofd’%e City of
Carlsbad, its officers, agents and employees harmless from liability for injurie$$o:Miy persons,
or damage to or taking of any property including pubfic property, ~#&tly or indketitly caused by
the geological failure of any nature, type or cause or any subsequent dama& that may occur
on or adjacent to this subdk&@n $iue to its constructioti, oper#ion or maintenance.
Approval of the plans ij’~@rrmitt& of in#&tk$ of any ~@#;!&&& pursuant to those plans ..(j. “;‘ i “ L
or permits by the City shall not cons#f#%& ~~~~~~~~~~~~~~~~e C&y 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.
1
MastersIForms/Hold Harmless Agt Geological Fatlure Rev. 12/08/98
3738 -
. 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
s, successors or assigns having an
‘i i ‘,, a?, ,( / {,, L(j$ /_t i~x&@f&&, this instrument this
agreed that this agreement
interest in all or any part of the pr
IN WITNESS w$d$&
2 r-day of I?%& ~. - ,~I~ ; 1 :,, L:( /( pi “‘ ,j‘@ji ‘:’ ) 3 i ‘. :.‘:~:~:&$:& li i
,: I_ ,~,,;,i’:.
PROPERTY OWNERS
-rL - -r----ces at Sunnycreek I ne I erra
‘- : B&kited,-lial P?.-*----- ..- bilf~wzchpsrrly, a$ 1:: “ ‘I’l:, :~~-,~;~’ / ( “ ii: ‘ ‘, ‘G$,( 1 :,_; , By: %i&way lvey Ranch 6 “r!![-i::,, ~>i a+Zajiforn~a; eorporati
) :>,x
:, ;< ~: i$ 3 i 3,‘ !l 3‘3 : [,’ 1 ” ‘~ ,iu( ::rg?$ ,s “&~ 1 1, dj (il,- (, :c-:_ m
*,; ‘3, (, l3,
,i ‘, (,( ,: I’.j ‘I ” ’ :: By: ((( :: _,,_ ,~i: 1 ,((, L 1 EPp z,,ai, *~j _/ gc I(:;. I :j;:_j,,,_ L “I 3:““’ :, :I;%(: ~‘ APPROVED AS T&FQF&: ;I’ (* @‘I 1 jlt : q_; 1 ! 1, ,“‘!” ‘:I/‘:3‘ 1 : 3 ‘-.‘ )‘
(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.)
I 2
Masters/Farms/Hold Harmless Agt Geological Failure Rev. 12MB198
CALIFORNIA
ACKNOWLEDGEMENT
STATE OF CALIFORNIA )
COUNTY OF San Diego )
On February 25, 2000 before me, Jeanette Tay1 or, Notary Public
’ DATE NAME, TITLE OF OFFICER - E.G., “JANE DOE, NOTARY PUBLIC”
personally appeared, George Szabo, Jr.
personally known to me (or 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 the entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal.
OPTIONAL INFORMATION
TITLE OR TYPE OF DOCUMENT Hold Harmless Aqreement Geoloaid F;lilllrp
DATE OF DOCUMENT no date NUMBER OF PAGES 2
SIGNER(S) OTHER THAN NAMED ABOVE -
. 37.?9
3740
ATTACHMENT TO HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE
STATE OF CALIFORNIA >
1 ss COUNTY OF SAN DIEGO 1
On February 29,2000, before me, Jonni Mason,a Notary Public in and for said County
and State, personally appeared WILLIAM PARK, proved to me on the basis of satisfactory
evidence to be the person whose name is subscribed to the within instrument and acknowledged
to me that he executed the same in his authorized capacity, and that by his signature on the
instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
WITNESS my hand and official seal.
JONNI MASON )
cornKllssion # 1237774 K
San Dkso County
PKNS\OO21691.WP