HomeMy WebLinkAboutCT 97-24; Carlsbad Estates LLC; 1999-0383545; Hold Harmless Agreement/ReleaseRECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA. 92008
DOC y 199900383545
JUN 03, 1999 8:5-T f%-+i
2875 oFmI# REalRDi W DIEUI cou(Ty RECORDER’S OFFICE GRElm gmH9 (lol/yYKW . . .
‘:’
:;:,_ ‘,, “:‘;Q.;~gLD HARMLESS AGREEMENT “E’
_:(: )), SE GEOLOGICAL FAILURE
‘ ():‘ i’i:‘il;:,
“~ 2; .,, :e,j .(:%.L s:l‘. i /~ ,! >, (’ ,3-l ‘,‘%$,I ,‘ ( . !_:G ,- ^, : j$ ii! ), :t 2’ ,~ ,;: I ;y :;2ii41:::, .i,; j+ I “ ;‘f ;:j:y I :_’ :,, 1:_ qq&$ , 3 tlri?i”l.i,;.i~l.il~~~ “~;@:i;;: ;I( zi; ,n &;~id~;a$‘&~~of the Cjty’s apprd;gi: Zf ‘g -grading p,an &;: i INo. : I:ag$fFe) and
(jj, i improvemerit~ plan$‘*@wg. No. 374-9) for development to occur on proper@‘descr&$d as a i *: portion of Lot V’~of+&ncho Agua Hedionda, Map ‘823 more particularly desc:ribed%s’:~@fjN No. ::,ii 207-061-07), and other good and valuable consideration, receipt of which is ‘*‘hereby ‘,
acknowledged, We, ‘Carlsbad~=&tates, LLC, a limited liability company, bthe owne&‘of said
property prorni~e‘,ta”‘ind~rnnify and: to hold the City of Carl&ad, its officers, agents and
employees ha~less::from:~liability for injuries to any persons, or damage:& ori’l.taking of any L_:,:$
property including’$irblic prof%rty, directly or Iindirectly caused by th~,~~ol~gical’~~ilure of any _! nature, type or cause or: any’ subsequent damage that, may decur on or“ adjacent to this (, :
subdivision due to its ~~siruction,~,oper$tion 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 a$surn~~on~~br;‘the?Xy of any responsibility for any fP{)$?, i -. : 3 damage or taking referenced in this ag&%entI~ 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 Masters/Forms/Hold Harmless Agt Geological Failure Rev. 12/O&98
#BY-
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
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/ #$$i @:: i: ‘: >,*; ‘> _[;Lf (.(( L
interest in all or any pad of the pr?perty:;crescribe~~~~~~~.~” 1 ‘_I 4 i )(Z
(:l_i, : I::(
IN WITNESS W$&E&,@&#!j’& underSigned
‘, :I
chas executed this instrument this
/k* day of
,:. (( :: : 3 ‘) i ,.,
j’(,C :
3‘ I
‘: ‘, (9 ,:(,L(
,I -,$’ t,;j&!< ,;!J Herbert Palmtag:“ Manager, darlsbad E$&$te& LLC
(print name and title) 2’ :.:*a ” : i ,( ( *:,r; 3;.
~, ,i,,,,: ~1: ‘(
,’ 0 , _ii i ,“p:, “(sign here)’ ,,‘ ,,’ jjl,e,$i_ ,, t _, +:,ar f i j::_, : ,w ‘Jeffrey 5. Davis, Manager, (2 _’ ‘_ (print name and title), (US 1 ‘__
APPROVED AS TO FORM: “” _‘, ‘,_ :I>., ,: i’i ((lL ,) 3 ji RONALD R. BALL ,i, ,‘
City Attorney
By:
(Proper notarial acknowledgment of execution by SUBDIVIDER must be attached)
(President or vice-president and secretary or assistant secretary must sign for corporations. If
only one officer signs, the corporation must attach a resolution certified by the secretary or
assistant secretary under corporate seal empowering that officer to bind the corporation.)
2
Masters/Forms/Hold Harmless Agt Geological Failure Rev. 12/08/98
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. ,
2877
State of California 1
County of San Diego ;
On 3/ 16/99 before me, Roberta G. Ezell, Notary Public
(Date) (Name, Title of Officer)’
personallyappeared Herbert M. Palmtag and Jeffrey B. Davis
(Name[s] of Signer[s])
t personally known to me -6R-
e to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowledged 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 entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal
(This area for
official notary seal)
Title or Type of Document Hold Harmless Agreement Geological Fail1
Date of Document 3 / I 6 / g g No. of Pages 2
Signer(s)otherthannamedabove Rona1d R- Ba11y city Attorney
re