HomeMy WebLinkAboutCT 90-23; Fieldstone/La Costa Associates LP; 1991-0397191; Hold Harmless Agreement/ReleaseRECORDING REkJESTED BY AND WHEN RECORDED MAIL TO:
CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, California 92008
OFFTCICI! RECORDT; SAfl OXGO COUNTY F3XRDER’S OFFECE BN#ETTE EUtt%; C~~~~~~E~~~~ROER RF: .-. :
Space abov IiF: :
Parcel No. 216-130-16
HOLD HARMLESS AGREEMENT
p$JRE
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In considar%&~on of. ::: :: )’ City's approval of,& subdivision map
CT 90-23, Grading P&rmkt$E 2.'90.44, grtiing plan (DWG No. 317-
6A, and improvement plans, DWG 317-6 for devslapment to occur on
property desczrfaed as Parcel 2 of Parcel Map 11722"recorded
~‘( ;:, October 9, 1981 as File No. 81-322284 of Official Rec$$$ds (APN
216-130161), and other good and valuable consider&tion'&eceipt
‘),,,
of which is hereby acknowledged. (liL_;(( We Fieldatana/I& Costa I. ,,:,~ )/ Associates LimiLed P&$tnership, owners of the ptioper%$'promise
to indemnify end to hold the City of Carlsbad, and any of its
agencies or employees, harmless from any liability for injuries
to any persons, or dam& or taking of 'any property including
public property,' dire&ly or indirectly, caxzsed by geological
failure of any nature;' t@i'or c&M&' er'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
AGREEMENTWAG-16.FRM
CF qo-2 3
. . b’ : * . . - slopes, cuts; 04 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 an geological failure is assumed by
and shall be borne by the owner. '- ~( (</,"), r:,i::j,';:),i-;:~ .;Z'$,., It is agreed that" ~~~par,, ':~~~~:!~' r(s) will maintain all = 'b i,;';-. ',
slopes and landseapincp"in"'a mar&r tb insure'slope stability to
the satisfaction of the -cd'ey Englfneer. T&k& Wners agree to
repair any damage to' publi& %mprovements by any geological
failure referred to in this agreement to the satisfaction of the
City Engineer. The owners agree to repair or sW3bilfW~ny slope jn ,,;
which the City Engineer determines may fail and'cause'sdmage to ;,:,
public fmplcruvements. It is further agreed that th$s '$$reement
shall btza bindfng on all heirs, j 3: >I! :, successors or astiigns Wving an
)( ,:'-*,i I( interest in a511 or a%&? part of the property desaribed herein.
IN WITNESS WHEREOF, the undersigned has ezeou&d ,i i this
instrument th;Ps Jg,, day of izI.L$ ,, ‘ ISJI,~ .
QfJRERS(S): ~':_ ' 0 ! :*
,( _( ' ~~j.:.,;:-~~.T:P~elhstone Company
a California Corporation and General Partner
By:
By: Approved as to form: /Mike Stewart
VINCENT F. BIONDO, JR., Citi At
(Notarial acknowledgement of execution by the OWNER(S) must be attached.)
AGREEHENTS/AG-16.FRM
I r\ 3:ew Iss. COUNTY OF I 0 U
i I On 73-alB S-8, L441 belore me, the undersigned, a Motary Public in and lor I- -b *=, said Stale. personally appeared *rn wa/\se- .2 and
L; S+cdcLPT E , personally known lo me (or proved lo me on the
c 2” basis of SaMaClo~ evidence) lo be the persons who executed the within instrument as Go 57,
‘2 c LE ~c.rckf* -0 i”b m *T Secrelary, on behall o, cIl.&L-
50 -LOAM =0 co \
g; the corporation therein named, and acknowledged lo me that
-5 z (e-c . such corporalion executed thewithin instrumen: pursuant toits
I by-laws or a resolulion 0: ils board 01 directors.
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e WlTIjESS my hand and official seal.
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g C 0 Signalure (This area for otiicial notarial seal)