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HomeMy WebLinkAboutCT 75-9B; THE ANDEN GROUP; 86-483000; Hold Harmless Agreement/Release1561 RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: ) CITY OF CARLSBAD ) 1200 Elm Avenue . ) Carlsbad, California 92008 ) 86 483000 ur SAN •Jii.uO CGUMY.CA.i ?S OCT 2k PH 2- 35 WC-P .«. ! i vi h I I RF Space above this lin! Documentary Transfer Signature of Declarant determining tax- firm name CITY OF CARLSBAD Parcel No. 225-311-01 to 63, 223-312-01 to 32, and 223-321-01 to 43 HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a subdivision map and grading permit (PE 2.85.14), a grading plan (Plan No. 205-2A), and/or improvement plans for development to occur on property described as Carlsbad Tract No. 75-9(B), Lots 1 through 138 (inclusive) (APN 223-311-01 to 63, 223-312-01 to 32, and 223-321-01 to 43) and other good and valuable consideration, receipt of which is hereby acknowledged, I (we) THE ANDEN GROUP, the owner(s) of said property promise to indemnify and to hold the City of Carlsbad and any of its agencies or 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 geological or soils related failures of any 1562 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 responsibil- ity 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. It is agreed that the above owner(s) will maintain all slopes, landscaping and related subdrains 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 owner(s) 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, - 2 - 1563 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 /7^day of TITLE: BY: ^ R.W. FISHrSSSISTANT SECRETARY OF MIDEN CORP. TITLE: (Notarial acknowledgment of execution by the OWNER(S) must be attached.) I u u 1 CAT. NO. NN00636 TO 1954 CA (7-82) (Corporation as a Partner of a Partnership) STATE OF CALIFORNIA COUNTY OF SAN DIEGO I TITLE INSURANCE ? AND TRUST AT1COR COMPANY ss. before me, the undersigned, a Notary Public in and for xxxxxx personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed On October 20, 1986 said State, personally appeared XXX President, and ROBERT W. FISHthe within instrument as the personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the ASSISTANT Secretary of MTDRN the corporation that executed the within instrument on behalf of THE ANDEN GROUP the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. WITNESS my hand and official seal. Signature OFFICIAL SilAI. ^ JULIEANWT KUCERA J I Notary I ' I Prmc San My Co mm. erc Ccinty * xp Aug 5. 1988* (This area for official notarial seal) - 3 - 1564 XucoessorsX or ^sassignsx having\an interest in\all oir\any the\pro^erty xjescrrt^ed herein. IN WITNESS WHEREOF, the undersigned has executed this instrument this / /—day of (C<L^&~73-&7 » 19 =8 OWNER(S): THE ANDEN GROUP BY: TITLE: BY: TITLE: (Notarial acknowledgment of execution by the OHNER(S) must be attached.) S.S. £ O STATE OF CALIFORNIA » COUNTY OF __ ORANGE. ._. _. \ On this the _ 17 th day of Qc tober ._ 19 _8 (before me, ' the undersigned, a Notary Public in and for said County and State, personally appeared _Kiltl_J. WaJLker _ — personally known to me or proved to me on the basis of satisfactory evidence to be the_. ViC6_ President, and __Cralg A. Hardy _, personally known to me or proved to me on the basis of satisfactory evidence to be ASSIS tant Secretary of the corporation that executed the within instrument on behalf of the corporation therein named, and acknow- ledged to me that such corporation executed the within instrument pufsuanrtlfS&By-laws or a resolution of it's board of directors. /)_./ - /, /'/ TITLE INSURANCE f (Notary signature line) "PATRICIA A. CHELINI^HARVEY ("His name (notary's) shall be typed or legibly printed") (Sec. 8205 - Government Code 1959) '^- 4 FOR NOTARY SEAL OR STAMP y ^eg£x OFFICIAL J^llPa PATRICIA A \%j£|i;/ LOS ANGELES ^tfs^ My comm. expires SEAL CHELINI CALIFORNIA COUNTY OCT 24, 1986 ^ - 3 -