HomeMy WebLinkAboutCT 97-23; Bertagnolli, Ettore & Geraldine; 1999-0654085; Hold Harmless Agreement/ReleaseRECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA. 92008
gylG DOG “‘ 1999-0654085
SEP 24, 1999 4~02 PM
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1:: ,:lh / hOLD HARMLESS AGREEMENT ,,‘ I,/~ : >, ,,1 ‘2:;: ” ““j+ (( ,‘_ ~/. .di /1~1( .tX.>.. ‘:, : GEOLOGICAL FAILURE ” *i Pi. ]a,;‘, (‘,1. ‘3‘ ‘:I! I!, _::i 4 1~~ i 3 “/EL .‘ .l,,i_,: ,.:.;: i ; :,t~~~~ili:l~‘lni:!i’:“: ;tj:‘;,;/ _ : lid p s’*?‘~i:, (i (: >‘,, ;&;‘ ‘I- _, II,/ >< Jl‘ -.; .l % / ‘_‘:i:
In &$&i&q@$$ of the City’s approval of’ improvement plans-,-(&&;; MD. ~&$-3) for
development to occr&on property described as portions of Lots 18 8 I& BlockSB $f Alles ,,.
Avocado Acres, mor&$&ticutarly desctibed as (APN No. 205193’~1$ & 20$191-l 7) sand other -ia good and \ii;~iua8~~‘ ~~ide~~~~i fesdpt of which js hereby ~~~~~~led,~~~, ‘me, ~~ttore S.
3 t-7’ Ii ,: ,,‘ I‘:: 8% il. * j .- : !.il’c <> y ‘i I Bertagnolli and,~crsl~~~~~~lserta~~~~~~~.the oWiers of said pioper&promise@ indemr$y and to _ :; ,i. .- -‘ 7p 2, $’ <,::g: +s. (, >,,) hold the City bf$@$f#&‘$B officers3 age&“&d employees harmless@& &&@~ for injuries .a*. ::k:p, to any persons~‘~~~~~~~~~~~or t&ng of any property including, $$$E‘$f$~e@~; directly or
tx, =L_, , ;~&l;;i:;l’:, i indirectly caused“~~,;the4~~eol’~~~ failure of any nature, typ$,:er &w% er .any’ subsequent
damage that may o&x&;on”or ~dj~ce~~~~~Fttils:-awbdiwislori, $.!&%I its constr&$ion, operation or ~.. ;/:(..?__j..ijlli‘iI‘. )I , ‘, maintenance. Approval of the pl ursuant to those plans
or permits by the City shall not 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.
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MasterslFormsJHold Harmless Agt Geological Failure .3- Rev. 12/08/SB
797
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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 binding on all heirs, successors or assigns having an
interest in all or any part of the
~ IN WITNESC ,M& his instrument this
A,,,,RO,,ED AS ,-0 @$‘&&’ i
“, ,,(
RONALD R. BALL
A$s’istant City Attorney J (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
Masters/Forms/Hold Harmless Agt Geological Failure Rev.12/09/99
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1 - . 8978 .-
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STATE OF CALIFORNIA COUNTY OF +hy r)lEGo Iss.
,sona&j79m n;;z,b &dii!!ilil.hyltz i ,
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personally known to me
-roved to me on the basis of satisfactory evidence) to be the ose name*
subscribed to the within instrument and acknowledged to me that executed the same
authorized capacityw, and that by r signature@ on the instrument the
person,&) or the entity upon behalf of which the person(gf acted, executed the instrument.
(This area for official notarial seal)
A /
Title of Document .
I Date of Document I Other signatures not acknowledgeb
3008 (l/94) (General)
First American Title Insurance Company