HomeMy WebLinkAboutCUP 99-03; Cannon Road LLC; 2000-0718895; Hold Harmless Agreement/ReleaseRECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr
Carlsbad, CA. 92008
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO. 210-090-52-00
PROJECT NO. & NAME: CUP 99-03
Inns of America
HOLD HARMLESS AGREEMENT
GEOLOGICAL FAILURE
In consideration of the City's approval improvement plans (Dwg. No. 390-1) for
development to occur on property described as Exhibit "A, more particularly described as
(APN No. 210-0920-52-00), and other good and valuable consideration, receipt of which is
hereby acknowledged, We, Cannon Road, LLC, a California Limited Liability Company, the
owner@) 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.
MasterrlFormrlHold Harmless Agl Geological Failure
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17783
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
20 day of J6dBW 8eE ,2000
Cannon
By:
(print name and title)
Date: //-go- ~~~0
.
I
' (sign here)
RAR 23 iA1 IN 7€Q\
(print name and title) /d/ifui hk
Date: /I - 4 (3 - 2006
APPROVED AS TO FORM:
I RONAL~ R. BALL
City Att ney
By: 112 13f3-
De uty City Attorney
I (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@)
signing to bind the corporation.)
2
Rev. 12mm
. . r.
17784
State of California )
County of San Diego )
On /k?o-@ before me, #t?&n/ dlL?
personally appeared VdA.&*RUG&
1
(Date) (Name, Title of Officer)
(Namers] of Signer[s])
personally known to me -OR -
(( to be the person(s) whose name(s)
@/@subscribed to the within instrument and acknowledged to me that lfe/sl#./@
executed the same in I%i/&r/@authorized capacity(ies), and that by t+&/&r/@
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
(This area for
official notary seal)
Title or Type of Document
Date of Document
Signer@) other than named above
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