HomeMy WebLinkAboutCT 84-35; Mike Foote Development Co.; 86-490689; Hold Harmless Agreement/Releasep? irgG89
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RECORDING REQUESTED BY AND )
WHEN RECOKUED MAIL TO: 1 fs% O&T 29 p/tj 12: 06 )
1200 Elm Avenue ) xi H
- % 2 CITY OF CARLSb2D ) @;,&:;
Carlsbad, California 92008 )
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Documentary Transfer Tax: !$
S i gnat u re of De c I a rant defer ii n‘i n g$ firm name
CITY OF CARLSBAD 167- Parcel No.167-100-07, 167-100-08 16i
HOLD HARMLESS AGREEMENT
GEOLOGICAL FAILURE
In consideration of the City’s approval of a subdiv
map and permit PE 2,,YT,.19 --’ a grading plan (P
No. 256.5 3, and/or improvement plans for development to occi
property described as - FalconHills CT 84-35 (Af”
and other good and valuable consideration, receipt Cfl.5which
hereby acknowledged, I (we)Plike - Foote Development =, the
owner(s) of said property promise to indemnify and to hold
City of Carlsbad and any of its agencies or employees harm1
from liability for injuries to any persons, or damage to or
taking of any property including public property, directly
indirectly canssd ty gecrlcrgical failure of any nature, type
cause or any subsequent damage that may occur on or adjacer
167-100-07
-08 -
this subdivision due to its construction, Operation Or
maintenance.
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Approkg1 of the plans or permits, or inspection of i
work done pursuant to those plans or permits by the City shal
not constitute an assumption by the City of any
responsibility for any damage or taking referenced in this
agreement. City shaii not be responsible in any manner
whatsoever for the design, compaction, construction or
maintenance of the slopes, cuts, fills or improvements made
done pursuant to the approved plans, nor shall any officer o
employee thereof be liable or responsible for any accident,
or damage happening or occurring during the construction wor
improvements as specified in this agreement. The entire ri
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
slopes and landscaping in a manner to insure slope stabilit:
the satisfaction of the City Engineer. The. owners agree ti
repair any damage to public improvements caused by any geoli
failure referred to in this agreement to the satisfaction o
City Engineer. The owner(s) agree to repair or stabilize a
slope which the City Engineer determines may fail and cause
damage to public i.mprovements. It is further agreed that
agreement shall be binding on all heirs, SUCC~SSO~S or assi
having an interest in all or any part of the property descr
herein.
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IN WITNESS WHEREOF, the undersigned has executed th
instrument this bh day of hd 9 198L
OWNER(S 1 :
,% Mike Foote Oevelopment Co., Inc. 9 Pb d- I
A
(Notarial acknowledgment of execution by the OWNER(
be attached.)
STATE OF CALIFORNIA ) 3 COUNTY OF SAN DIEGO )
On August 6, 1985 before me, the undersigned, a Notary Public in i
State, personally appeared MICHAEL 3. FOOTE, personally known to me or proved tc
basis of satisfactory evidence to be the person who executed the within instrument as t
of MIKE FOOTE DEVELOPMENT CO.,, INC., the corporation that executed the within
and acknowledged to me that such corporation executed the within instrument pur
bylaws or a resolution of its board of directors.
WlTNESS my hand and official seal,,
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f?hYk..- e-c- CLh-w.4 PATRICIA 5 C ABERNATHY NOTARY PUBLIC - CAttFORNtA
3AN DIEGO CWNTY Patricia G. C. Abernath.