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HomeMy WebLinkAboutCT 85-36; Vinedale Development Corporation; 86-238660; Hold Harmless Agreement/Release- . L RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, California 92008 i 2373 /*,c ?.§ - 2 3 8 6 1 Fi i- !,;cJi’:[>f ij 114 6-q i (-Tri’i.J!;:;* jyc5i;;; :; ! 1 > f .::F‘i;‘!i! iI;3 ,[?y’fi 7. ;: / Space above this line for Recorder’s use 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