HomeMy WebLinkAboutCT 84-02; La Costa Investment; 85-037701; Hold Harmless Agreement/ReleaseE s 'z-
L a'' 383 83e7703.
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Rd.ORDING REQUESTED BY AND ) t
I .. WHEN R'ECORDED MAIL TO: 1 I;
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1200 Elm Avenue 1 CITY OF CARLSBAD 1 t5Fj FED -I; {'E.'; s@@
Carlsbad, California 92008 )
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Documentary Tra
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irm name f'
CITY OF CARLSBAD
Parcel No. 215-360-12, 13, 14 & 75
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HOLD HARMLESS AGREEMENT
GEOLOGICAL FAILURE
In consideration of the City's approval of a subdivisil
map and condominium permit CT, 84-2/CP-270, a grading plan (P1
No. 241-5), and/or improvement plans for development to occur
property described as La Costa Pointe (APN 215-360-12, 13, 14
15), and other good and valuable consideration, receipt of whic
is hereby acknowledged, I (we) LA COSTA INVESTMENT, LTD., tt
owner(s> of said property promise to indemnify and to hold t0
City of Carlsbad and any of its agencies or employees harmle:
from liability for injuries to any persons, or damage to t
taking of any property including public property, directly c
indirectly caused by geological failure of any nature, type c
cause or any subsequent damage that may occur on or adjacent t
this subdivision due to its construction, operation c
maintenance.
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* Approval of the plans or permits, or inspection of ai
work done pursuant to those plans or permits by the City sha
not constitute an assumption by the City of ai
responsibility for any damage or taking referenced in th
agreement. City shall not be responsible in any mann
whatsoever for the design, compaction, construction 1
maintenance of the slopes, cuts, fills or improvements made 1
done pursuant to the approved plans, nor shall any officer
employee thereof be liable or responsible for any accident, lo
or damage happening or occurring during the construction work
improvements as specified in this agreement. The entire risk
any loss resulting from or caused by any geological failure
assumed by and shall be borne by the owner.
It is agreed that the above owner(s) will maintain E
slopes and landscaping in a manner to insure slope stability
the satisfaction of the City Engineer. The. owners agree
repair any damage to public improvements caused by any geologic
failure referred to in this agreement to the satisfaction of t
City Engineer. The owner(s) agree to repair or stabilize i
slope which the City Engineer determines may fail and cat
damage to public improvements. It is further agreed that tt
agreement shall be binding on all heirs, successors or assic
having an interest in all or any part of the property descrit
herein.
w I
t~ ' , personally known to me or
proved to me on the basis of satisfactory evidence to be the person - who executed the within instrument as en CL of the partners of the partnership 2
that executed the within instrument, and acknowledged to me that such partnership executed the same. WITNESS my hand and official seal. ?i
Signature tq2f3,?;L~L (;rn5=L
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JENiZiFER OFFICIAL 7 ASMAW SEAL
NOTARY PUBLIC - CALIFORNIA
PillNClPAL OFFICE IN
SA1 DIEGO COUNTY
xpircs Xa ch 8, 1985
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(This area for official notarial seal)