HomeMy WebLinkAboutCT 81-46; Callaway Golf; 1997-0098543; Hold Harmless Agreement/Release:* I1 ' e -'
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RECORDING REQUESTED BY
City of Carlsbad
AND WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
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SPACE ABOVE THIS LINE FOR RECORI
ASSESSOR'S PARCEL NO.: 212-091-0
PROJECT NO. & NAME: CB 961666-51
Dryden Place, Callaway Golf Stairway Bu
Permit -. . .
HOLD HARMLESS AGREEMENT
GEOLOGICAL FAILURE
In consideration of the City's approval of a Building Permit (No. CB 9C
development to occur on property described as 5860 Dryden Place more particularly de.
Lots 21 and 22 of Carlsbad Tract 81-46, Unit No. I according to Map No. 11287 (APh
05), and other good and valuable consideration, receipt of which is hereby acknowledgc
Callaway Golf Company, a California Corporation, the owner(s) of said property F
indemnify and to hold the City of Carlsbad and any of its agencies or employees harn
liability for injuries to any persons, or damage to or taking of any property including publil
directly cx Indirectly caused by fh~? qcologirx?! f2i!:s-e sf any naturq W= I r/- o: --":a WCil
subsequent damage that may occur on or adjacent to this subdivision due to its co
operation or maintenance.
Approval of the plans or permits, or inspection of any work done pursuant to thos
permits by the City shall not constitute an assumption by the City of any responsibill
damage or taking referenced in this agreement. City shall not be responsible in ar
whatsoever for the design, compaction, construction or maintenance of the slopes, CL
improvements made or done pursuant to the approved plans, nor shall any officer or
thereof be !iab!e or responsible for any accident, loss or damage happening or occurring
construction work or improvements as specified in this agreement. The entire risk o
resulting from or caused by any geological failure is assumed by and shall be borne by
H:\WORD\DOCSBONDAGRWold Harmless Geologlcal Faihre 212091-35 MM.doc
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It is agreed that the above owners will maintain all slopes and landscaping in a
insure slope stability to the satisfaction of the City Engineer. The owners agree to
damage to public improvements caused by any geological failure referred to in this ag
the satisfaction of the City Engineer. The owners agree to repair or stabilize any slopc
City Engineer determines may fail and cause damage to public improvements. It is furt
that this agreement shall binding on all heirs, successors or assigns having an interest i
part of the property described herein.
IN WITNESS WHEREOF, the undersigned has e&a.Wi this instrument this
of Nd tl , ?9%.
PRO
By:
Richard Merk, Senior Vice President of Planning
(print name and title)
Date: i <"7 Jj! Lj ~y,/&>L.)&6~ [>, pIr3 l' 29 4
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By: F 9 ~~4,,4"7f? L 4". __-. (sign here) @
Steve McCracken, Executive Vice President, General Coursel and Secretary
(print name and title)
Date: /c' QJ- 1, f 9 3 6
(Proper notarial acknowledgment of execution by the OWNERS must be attached).
APPROVED AS TO FORM:
RONALD R. BALL
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H\WORD\DOCS\EONDAGRWeld Harmless Gedadcal Failure 2i2-W1-05 M.dm
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State of 2.
personally appeared CAPACITY CLAIMED t
(NAME@) OF SIGNER(S)) 0 INDIVIDUAL(S)
t WCORPORATE eA
, ,I I OFFICER(S) x
l PARTNER(S)
O&sonally known to me - OR - 17 proved to me on the basis of satisfactory evidence ATToRNEY IN FA to be the person(s) whose name(s) is/are sub- 0 TRUSTEE61 scribed to the within instrument and acknowledged 0 GUARDIAN/CON:
(NAME OF PERSON(S) OR EN7
THIS CERTIFICATE
MUST BE ATTACHED
TO THE DOCUMENT
' DESCRIBED AT RIGHT: Signer(s) Other Than Named Above 0 ~ "" .~~ .""" - _." . - _-~ ."" ____ ."" . "~_~-~~- " .~-~ ."" --. "_~_.~.~"~ ~ ~ . _-~~.~ "_;_ "" ~__~~ ,_" ~" -~- """ "" ~"~~ ~.~ "" ~.. __ ."" __ ="-.. -~______-_ ."~
~0~~0~s FORM 63240-ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPAClTY/REPRESENTATlON/FINGERPRlNT-Rev. 12-92 0