HomeMy WebLinkAboutCT 98-03; Shea Homes LP; 1999-0186937; Hold Harmless Agreement/ReleaseDOC -Ii 19999Oll36937
MQR 23, 1999 3:08 PM
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA. 92008
$qy$~:@Q@iFVE THIS LINE FOR RECORDER’S USE
‘ ji+ “‘.,:bo)LD HARMLESS AGREEMENT Ii
GEOLOGICAL FAILURE ,-:: ” ,,, ;, :,, L(> I‘ (: 1,
: ,:I(, ‘1 h 1 )‘, s; ,rypj i II! L : ,:,+ :k-r-,:,:;;;,! yic* p&“ ,” consider&~‘:~of the City’s appgi~~l’ :;& grading p,a; (Dwd; ,:&‘:‘~$$g@?) and
improvem$ ,p@&:i :
g. No. 371-9) for development to occur on profierty descnb~~ as Lot
205 of Map No. 13&3 recorded 6/10198, more particularly describe& as il;APN $$:>,$!I -012-
13), and other good, and valuable consideration, receipt of which&$ hereby acknowledg& We,
Shea Home$Limited P%rtnership, a California limited partner&hip, the owners, of said$roperty
promise to indemnify ‘@r%f to hold‘ the City of Carlsbad, its officers, agents, and employees “
harmless from liability ‘fort injuries to any persons, or damage to or t$&&g ‘%ffi&nv property / including public ‘property, directly or indirectly caused by the geological failure’ &any nature, 2 ,~;~1; type or cause or any subsequent >d&$gge that may occur on or adjacent to this’%ubdivision due
to its construction, opefatttion ormalntenan&#;~~~ ,’ I’ )a
3 Approval of the pfans.+$-g&-r&& or insbection of any workdor%$ursuant to those plans
or permits by the City shall not &%&ute an asabmptian bythe 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 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 be binding on all heirs, successors or assigns having an
:!I(. : 1.1 t:; , ,,:s, :,:: 3’ ‘iL (’ ~.~~r,~@%j+l:- 3-,i!3’ ;+i:;:a i ;:ya ,:$y$’ I-;: .: 1 “ ,pjil S1~ L : ;_; : : interest in all or any part of the pro~~~‘tr[be~,hereln:““;’ “” ‘t,:: *’ 1%; )I‘,) I( j ‘_
IN WITNESS : b:iqj3~ WHER‘EOF~“‘$be
$j ‘l,,&-‘ ,- ,,; l,. L( ; Il’l ‘, (, 1 I 1 i.:‘;$& &fd&3ign& -‘;‘h’as, ex&b&@ this instrument this
?&& day of
.I!/jIll ‘1 ; !rj& ---____. _ -.___ .---‘A :?ii $j&q‘,
‘4 <ii “ :i: “:I, FKUPtK I Y OWNERS ‘,I i:ji/sl_:/ :
Shea Homes Limited
~i~~~~~~~~~I,~,
(/,j 1 Partli~~~hip’~~~~~~~~~ia limited
partnership JA -’ A
:j!g
‘, I
I: ‘,,’ 1: ‘,: (,( / “ :(,( ,a:, 3):’ i ‘1 ‘: 3’ 1( u\&& b
EL 8’ j ‘(print name and tfkie)
I,:
I,;: L $& $j/ ;: “‘~’ ’ ‘i
!,( ” ’ ,‘ “‘1 3 APPROVED AS TO FORM: ‘11 “ $)’ : (~Q 2’ ,:, /($( ,’ ,)
I,1 E : :, s;: “ _, i ‘i$ 1 1.: Ii ;, A (!~I / j I., :,I (i( j :
RONALD R. BALL :, ,i:i ~~ ;! 1.i /, @ 1‘~ : ,, : L !,I ii, I:j c
:; !j/F j,_: 13 :’ , i’ipi,;,$~ E @ ‘$
City Attorney I ‘.‘ir- 3, 3 _‘,,
(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.)
I
8254
CALIFORNIA~ALbPURPOSE AL(- NOWLEDGMENT No 590-
State of California
County of a DW
-
On February 26, 1999 before me, Marcia J. Goodman, Notary Public I
DATE NAME. TITLE OF OFFICER. E.G.. -.lANE DOE. NOTARY PUIUIC
personally appeared MaxkBmckardL&leHolbrook ,
Id
NAME(S) OF SIGNER(S)
personally known to me - OR - 0 proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) Ware
subscribed to the within instrument and ac-
knowledged to me that h&she/they executed
the same in t+Wberltheir authorized
capacity(ies), and that by &i&be+/their
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
,n~~~~~~~4~ ‘\ I / r
OPTIONAL
Though the data below is not required by law. it may prove valuable to persons relying on the document and could prevent
traudulenl reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
0 INDIVIDUAL
0 CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
0 PARTNER(S) 0 LIMITED q GENERAL q ATTORNEY-IN-FACT
n TRUSTEE(S)
g GUARDIAWCONSERVATOR
OTHER:
NUMBER OF PAQES
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR Em(lES)
SIGNER(S) OTHER THAN NAMED ABOVE
91993 NATlONAL NOTARY ASSOCIATION l 6236 Remmel Ave.. P.O. Box 7164 l Canoga Park. CA 91309-7164