HomeMy WebLinkAboutCT 85-36; Vinedale Development Corporation; 86-238660; Hold Harmless Agreement/Release-
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RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
CITY OF CARLSBAD
1200 Elm Avenue
Carlsbad, California 92008
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Signature of Declarant determining tax- firm name CITY OF CARLSBAD
Parcel No. a6-3J-ca7
HOLD HARMLESS AGREEMENT
GEOLOGICAL FAILURE
In consideration of the City’s approval of a subdivision
map and G&~ol#& permit &.g6.ao 9 a grading plan (Plan
No. L and/or improvement plans for development to occur on
property described as ‘CT q5’-36 (APN dose33 -27 1,
and other good and valuable consideration, receipt of which is
hereby acknowledged, I (we> ~r/\rfDAE ~~#ccoFM~~C~~ 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 failure of any nature, type or
cause or any subsequent damage that may occur on or adjacent to
this subdivision due to its construction, operation or
maintenance.
L 2374
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 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 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 owner(s) agree to repair or stabilize any
slope which the City Engineer determines may fail and cause
damage to public i.mprovements. It is further agreed that this
agreement shall be binding on all heirs, successors or assigns
having an interest in all or any part of the property described
herein.
i 2375
IN WITNESS WHEREOF, the undersigned has executed this
instrument this 29 day of /WY ) 1986.
(Notarial acknowledgment of execution by the OWNER(S) must
be attached,)
STATE OF CALIFORNIA SS.
COUNTY OF _.____ S.M!...l).iS&3J .______._______....________
On ______________________ k&Q!...29 .,... 1t38.6 . . . . . . . . . . . . . . . . . . . . . b e ore me, the undersigned, a Notary Public in and for said State, personally appeared f
” ________________ _ ______.._. ~d.&.~~...blZZ~ _.______.... known to me to be the . . . . ..______....____................ President, and . . ..___...... J.8mf%..E.....Pi.ae . . . . . . . . . . . . . . . . . . .
known to me to be the __.________.______________ _ ____._______ _ ..__._.. Secretary of the Corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument on behalf of the Corporation therein named, and acknowledged to me that such
Corporation executed the same, and acknowledged to me that such Corporation executed the within Instrument pursuant to its by-
laws or a resolution of its board of directors.
WI
(Seal) r . ?!‘:~l.jC-C,4LIF@RNIA
sxi;‘ DIES0 CCigNry
023077 7-77* 25 PS Corporation Notarial Acknowledgment