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HomeMy WebLinkAboutCT 92-07; Carlsbad Ranch Company LP; 1995-0245822; Hold Harmless Agreement/Releasec L: # 1995-0245822 12+JH-1995 02~24 Ptl oFF1c1#. RECORDS 102 shfi DIE60 cWtR RECMKR’S OFFICE 6REwRy St!;; COUHTY~CORDER RF: a 16.00 #a nF: % . - RECORDING REQUESTED BY AND WHEN RECORDED WAIL TO: i City Clerk CITY OF CARLSBAD ;$i 1200 Carlsbad Village Drive )'5 \ Carlsbad, California 92008 Space above this line for Recorder's use Parcel No. 211-022-05. 06 HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan Dwg No. 333-23 and improvement plans (Dwg. No. 33302D) for development to occur on property described as see attached Exhibit IlAW (APN 211-022-05, 06) and other good and valuable consideration, receipt of which is hereby acknowledged, We Carlsbad Ranch Company, L.P. the owners 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 nor indirectly caused by the 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. 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 Agreements/AG-17.FWI 1 cr42-1-3 REV. S/21/90 . .ro3 and shall be borne by the owner. It is agreed that the above owners 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 owners 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 binding on all heirs, 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 2w+ day of /y)drr/r , 19 qc . Carlsbad Ranch Company, L.P., a California limited partnership By: Carltas Company, a California limited partnership, General Partner By: t, a California ral Partner APPROVED AS TO FORM: RONALD R. BALL notarial acknowledgment of execution by the OWNERS must be attached). Agreements/AC-17.FRM REV. s/21/90 . - ” CALIFORNIA AU-PhPOSE aXKNOWLEDGMENT No. 5907 State of California County of sa Diego on May 24, 1995 DATE before me, Karen A. Phelps, Notary Public I NAME. TITLE OF OFFICER - E.G., “JANE DOE, NOTARY PUBLIC personally appeared Christopher Cm caycins-------------------------------- , . NAME(S) OF SIGNER(S) ?!I personally known to me - ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ to be the personfs) whose name@) is/&V subscribed to the within instrument and ac- knowledged to me that he/MMttIe~/executed the same in hislbp&h+,r authorized capacity@B;9Y, and that by hislMa’r’M@‘ti signature(@ on the instrument the person(b)/, or the entity upon behalf of which the person(g)l acted, executed the instrument. OPTIONAL ’ Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT 0 INDIVIDUAL ELI CORPORATE OFFICER President TITLE(S) Hold Harmless A@. Gee. Failure TITLE OR TYPE OF DOCUMENT [7 PARTNER(S) q LIMITED 0 GENERAL 0 ATTORNEY-IN-FACT 0 TRUSTEE(S) 0 GUARDIAN/CONSERVATOR [7 OTHER: Two (2) NUMBER OF PAGES not dated at notariz&jon DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(H) Carltas Management Ball SIGNER(S) OTHER THAN NAMED ABOVE W993 NATIONAL NOTARY ASSOCIATION l 6236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309-7164 105 EXHIBIT “A” LEGAL DESCRIPTION FOR CARLSBAD RANCH UNIT 3 CARLSBAD TRACT NO. 92-7, CARLSBAD RANCH UNIT 3 BEING A SUBDI~SION OF A PORTION OF LOT "H" OF RANCH0 AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUKTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, AS SHOWN ON iXCORD OF SURVEY MAP NO. 12462, FILED DECEMBER 28, 1989 AS FILE NO. 89-704916 OF OFFICIAL RECORDS.