HomeMy WebLinkAboutCT 93-04; Continental Ranch Inc; 1999-0490706; Hold Harmless Agreement/ReleaseRECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA. 92008 I
DOG y 1999-0490706 JUL 15s 1999 9:59 FIM
4083 lFFIcM RaxRDs
MEWE . : ’ l3.00 ;linnllr snmniini~ii 1999-0490706
SPAG;-E:&BOVE THIS LINE FOR RECORDER’S USE
1 yj ., 1: ‘2 L(( -; t (I! @;:,,:2;: 1:,2‘;1,1) ‘,
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~, ’ A $&ss pin;&@&$#@, 215-03()-()g,
1: : 215-031-04, 05, 06,
>: i;\ L ,j( .,‘,:’ :(> * -;:jj ,j 222-01 I-06,
:jl.i 1 i 2~$$~~ 2-01,02 ; ,:( i :.,“&&J&+ ‘$#y a 3N;&E:,i ‘:’ QTi:;
RANCH0 CAR&L&ItLA@E R & PORTION
_,(, OF
‘.‘& / _,.i ‘: ‘dil ‘I, ‘, ,.
L ~:<: HOLD HeR&ES$ AGREEMENT ”
GEOLC)CI4SL FAILURE ’ ‘, ,, : j ,-. 4’ ,_, ,) y 1: i iC_‘,*
In &nsideratf& of the City’s approval ‘&f improvement pl&& (&&J. [\M~‘$$$.2) for
development’to occur on property described as as a pbrtion of tvlci! sotitherly half of &&ion 18
and a portion bf Sectioi-r 19, Township 12 South, Range 3 West, San Bernardino Meridian and a
portion of fractional s&ions 13 & ‘24, Township 12 South, Range 4 we&t, Sdh &rnardino
Meridian, City of’Carlsba$, County of San Diego, State of California rnor~~~patii&l~~~ described
as (APN No. 21%WJ-09, 215-031-04, 05, 06, 222-01 I-06, 222-012-04, ‘I&), ,ar& other good
and valuable consideratiori, receifit of which is hereby acknowkx&ed, we,, Cor&nental Ranch,
Inc., a Delaware corporatiori, the own#s‘.of said ptropet+typrdmi&! to indemtify and to hold the
City of Carlsbad, its officers, agents ,ai$d employees harmless from liability for injuries to any
persons, or damage to or taking’bf any property iridtidiing ‘$&ic property, directly or indirectly
caused by the geological failure of in9 ‘ndture, Q$e or%$use or any subsequent damage that
may occur on or adjacent to this subdivision due to its construction, operation or maintenance.
Approval of the plans or permits, or inspection of any work done pursuant to those plans
or permits by the City shall not constitute an assumption by the City of any responsibility for any
damage or taking referenced in this agreement. City shall not be responsible in any manner
whatsoever for the design, compaction, construction or maintenance of the slopes, cuts, fills or
improvements made or done pursuant to the approved plans, nor shall any officer or employee
thereof be liable or responsible for any accident, loss or damage happening or occurring during
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Masters/Forms/Hold Harmless Agt Geological Failure Rev. 1 Z/08/98 *6*
4089
the construction work or improvements as specified in this agreement. The entire risk of any
loss resulting from or caused by any geological failure is assumed by and shall be borne by the
owner.
It is agreed that the above owners will maintain all slopes and landscaping in a manner
to insure slope stability to the satisfaction of the City Engineer. The owners agree to repair any
damage to public improvements caused by any geological failure referred to in this agreement
to the satisfaction of the City Engineer. The owners agree to repair or stabilize any slope which
the City Engineer determines &@&and cause$a'~ag~l't0.-pubtii: improvements. It is further
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1‘ 4
agreed that this agreement shall be binding on alI%eirs, successors or assigns having an
interest in all or any part of’the property described herein ,,
WIT’ :,: (,!l : Ni%S ‘WHEREOF, the undersigned has executed this $$&rument this yj: :y, : ! ; L I L :,,I, “
day @f’ r~ ,I999.
j<l>:; t%;,i*p .‘ :!i,: la
i j ),I( ~3: ~ : ,‘ 2 )’
“‘ (print name and title) 1_
‘, Date: 1, .g&&+ jj$ !‘a,3 ; pg
/ /tjp 9
,a I ((‘(i ‘; :::li’ ,::!l::iljl i:ji; i ), i&, ;$, 3’s“l : ‘,) ;_ ,‘< 2,; ‘, $,f: , , L1 ,( :) “ By: : ; : /%( L !,! ~,lajl 3% ‘~“,,;,:;!/ii~~‘~~ ,a,“_ I 2: .a : i * 2 (sign here) ),,’ “‘ ~~’ ’ “‘( ‘~‘~j:
I’,
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-(print name and title) ‘: , :, ‘I:(. ;t;. r, Date: : “
APPROVED AS TO FORM:: i 1) _,,
RONALD R. BALL 5 (, (,, ‘>, (0 “ ‘, ,“1$ $,‘S : (,, “ City Attorney ,“
By:
AK/ City Attorney
(Proper notarial acknowledgment of execution by SUBDIVIDER must be attached)
(President or vice-president and secretary or assistant secretary must sign for corporations. If
only one officer signs, the corporation must attach a resolution certified by the secretary or
assistant secretary under corporate seal empowering that officer to bind the corporation.)
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1 Masters/Forms/Hold Harmless Agt Geological Failure Rev. 12/09/98
.’ I .
. 4090
State of California
County of San Diego )
On I&& f/5’%? before me, N&y 14 . /?%%LC-;, flwp&b’L
(Date) (Name, Title of Officer)
personally appeared A. vJa--
(Name[s] of Signerts])
L personally known to me -OR -
(Q) to be the person
@{ subscribed to the within instrument and acknowledged to me that @st#t#y
executed the same in 4 /h r/t 6 hp: rr authorized capacity(#), and that by &&th&
signature on the instrument the person J ), or entity upon behalf of which the
acted, executed the instrument.
WITNESS my hand and official seal
(This area for
official notary seal)
Title or Type of Document /aL.hld
No. of Rag:-& Y
&A-&,
Date of Document t/j%
//
Signer(s) other than named above
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