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Home My WebLink AboutCT 97-15; Western Pacific Housing; 1999-0523960; Hold Harmless Agreement/ReleaseRECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 DOC - 1999-0523960 g.67 9 JUL 29, 1999 2:37 PM rnICIAL REaRDS StYI DIEGD IllMY REURDER’S OFFICE - Js sMTH’ 7!%- FEE . llll~lillUAlAllllWllln~l~l~~ll~~ll 1999-0523960 $&&&t~@W~,THIS LINE FOR RECORDERS USE LL ‘;l,l‘j i s+& ;_[ !:@ (, : ~:j+ ‘I:-iHOLD HARMLESS AGREEMENT ; bj$ Ii : j;:& i : ‘+-!::t’ “ ::)_I “I:, j“‘ j~.L. ,_ ,:‘L :; L ; L I GE($OGICAL FAILURE , ‘l,ili i-.3: j! :,~.L ..: % L x _ i 1 I ; :,y -1 ::I I EL ,( ,, .I:er:;’ :,/_ ~-I‘ ‘?‘l”‘i;i, :~:::::: ,,:_1 / )/ :. ,ei ~, In &&i&~@## of the City’s appr&$ ‘of a grading” pian (Qwg,;,:$&. $J$#~) and a‘;, :+ ,j 1 ; improvem&#plans (&#g. No. 377-6) fbr developm’c’irt to o%cur on prt$btiy &~c@&/&#Parcel _:~( : L ! 1 5, (:(/,oi 2 of Map Ns, g$@$ i&& CQt of Caflsbad, Coun^ty of San Di#@#&Fe pafiiq$#&& d&#Tbed as ,;,:, : (APN No. $#s-O5~-1~~ 215-~&&&~), &d other good and’ v&f$&je con$@~raf&~, ;!&$eipt of g (, 1 x:;g ‘1 I -4 ,‘ I which is hereBy:~~~~~~~ged, ~a:‘West~m-’ p~bific Housi~~~-“~~~,CarninQ, a;;i;)le~~~~~ limited liability compdhv, the’!~~&@&rs of said-’ property prc@n& to indemnify ,and &I h&I the City of Carlsbad, its of@$#;i:agen&~~nd e-mployees harmless from liability for injuries’$o$ihy persons, on or adjacent to this sub~l@&n #ue f+$‘~ts:construction, operatidnzor m#itenance. Approval of the plans dhp#r$$tl or pursuant to those plans ‘? i; 3:;: ,,,, 4, 3r permits by the City shall not consfl~&& 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. 1 MastersfFomWHold Harmless Agt Geological Failure Rev. 12/08/W ¶#L%r ~ 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 be bindina on all heirs. successors or assigns having an interest in all or any part of the ,p PROPERTY OWNERS ), ,’ ,‘( ::;LL;~. Western Pacific Housing _ El,@&jnq iii. ii:’ -:$ ), jj_j (~I ! : ‘; ! 1 (-(i :m.@@ jlity ‘&jmlj&y ,i : ;.ji/;j!i’. : APF ‘ROV ‘ED this RONALD R. BALL (Proper notarial acknowledgment of execution by SUBDIVIDER must be attached) (Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.) I 2 Masten/FormslHold Harmless Agt Geological Failure Rev. 12/08/gE .- GALIFORNIA ALL-PURPOS, ACKNOWLEDGMEN $681 - NO. 5907 State of U/~Ur\rG County of B Y-k In Lh-Q~ DATE personally appeared I NAME(S) OF SIGNER(S) @personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person@) whose name(sj is&e subscribed to the within instrument and ac- knowledged to me that he/sh&tq+executed the same in his/m authorized capacity@es), and that by his- signature@ on the instrument the person(e), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS mv hand and official seal. l Q?k.d &&Qhmdf SIGNATURE OF NOTARY 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 q CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT 0 PARTNER(S) q LIMITED 0 GENERAL q ATTORNEY-IN-FACT NUMBER OF PAGES 0 TRUSTEE(S) 0 GUARDIAN/CONSERVATOR q OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTIl-Y(IES) SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION l 8236 Remmet Ave., P.O. Box 7164 l Canoga Park, CA 91309-7164 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT He. s State of CALIFORNIA County of SAN DIEGO - s / _._ before me, LORI L. GRIPE, NOTARY 9 NAME. TITLE OF OFFICER. E.G.:JA??E DOE. NOTARY PUSUC personally appeared LANCE M. WAITE . . , NAME(S) OF SlGNEA(S) m personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that’ by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 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 CLAlMED BY SIGNER DESCRIPTION OF Al7ACHED DOCUMENT 0 INDIVIDUAL 0 CORPOFfATE OFFICER TITLE OR TYPE OF DOCUMENT 0 PARTNER(S) 0 LIMITED 0 GENERAL 0 ATTORNEY-IN-FACT 0 TRUSTEE(S) ; GUARDIAN/CONSERVATOR i-i OTHER: NUMBER OF PAGES DATE OF DOCUMENT i t SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENITW(IES) SIGNER(S) OTHER THAN NAMED ABOVE ,F.,nn.Y k,aT,n.,l, L,nTAcl” *CCnP,&-r,nk#. n,,c Damma, &,- p n P*“-)(L)., _ ~-nnna park. CA 913°g-7i