HomeMy WebLinkAboutCT 98-15; Continental Residential Inc; 2000-0225691; Hold Harmless Agreement/Release- -- --
DOC ‘: 2000-0225~91
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad. CA. 92008
NAY 02, 2000 El:23 fvl
ofTICI# REm SON DIEGO CWNTY RECMDER’S Oft-ICE
2153
GREGcrw gm y;REwRDER : .
SPAEEd&WE THIS LINE FOR RECORDER’S USE
,:.i~‘:,, >’ g 8,’ (( GEOLOGICAL FAILURE “‘:si;~i ““’ ,,, 1 ‘p;,;,;;i, i 3“ ,, i : y >~_.!jii 11 ;:‘%;l,o i : i: ,, ~‘q&] : : 2: :/$!’ /’ J& ,: a 8 “, (lb i : i_l ‘$!:j c i ,;iy .:’ ii # 1 j( 3’;‘:‘$“:{,‘,‘,, _:‘,’ ;‘:“,’ 1,1, (5 ) ,11 ++ _( ~/ ::,: _/:1 I ), / ‘,,‘, ‘fl $l ~~z~)~,~~~~>~i;pl E :q”; ‘..<,,I &$‘ In co&idera&@@’ of the City’s appro$al~:bf ‘a grading plan (Dwgr: N’d“‘“38$$#) and ‘,,,lj improverne~~,~l~~~~i~~~g. No. 383-6)‘for development to occur on proper-l& &sc’;ib,#$/as Lots :,i i, ‘1 >I :i’iaj .iJ:j!t 206 & 208 .of CF~@Z-~~ more particularly described as (APN No. 22’$012-?3), an#uther good (i ‘i and valuabl‘e c&sid’I&ttion, receipt‘ of which ‘is hereby $ckh&&$dged,’ We, C&$nental ,(
Residential, Inc., a Cati&rnia coiporatidh; formerly known as @@V,Investmen~s, Inc., &!ccessor : iii’
by merger to &SrWtent~l Ranch, ‘inc., a Delav#are tiorpatition,’ the owne~~s~~‘~~‘~sai’d>;property s,,
promise to indemnify:~$&%fb hold the City of %arlsbad, its officers, &gents :a,@ employees
harmless from li##it$‘for injuries to any persons, or damage to’%r takH$‘of~4$y property
including public property;~~~~irec~Iy or indirectly caused by .the,&&gfcal fatl’ure‘of any nature, ,( i )‘, “((~
type or cause or any sbbsequent &m&&&at may xxcur on”or adjacent to’this subdivision due
to its construction, operation.@9-@in&$$Em~e. “
(‘1 i.. 1‘ _’ 9“:‘~ L
Approval of the plans i && dr’@!#ii pursuant to those plans
or permits by the City shall not constit ity 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.
Masters!FomWHold Harmless Agt Geological Failure
/\ 1
Rev. 12/08/98 \
0’
2154
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 ‘, j: ,‘ i i_,j;l :;ii i -2.’ i 1 I i interest in al, or anv Dart of the D~~~:~~c~~~~~~~~~i~. ‘),1 a? ; (‘,
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IN WITNESS WHERE ’ “”
,,; ill
iQF,” ‘!#&a undersigned has executed this instrument this
in iEIL
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‘ (( Lj, “, ,, 0, g:b:( L L )-_, ‘y : (sign here)
APPROVED AS TO F(-J
RONAL4R. BALL
Dep8y City Attorney
(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.)
2
MasierslFormslHold Harmless Agt Geological Failure Rev. 12/06/98
-
State of California 1
) ss.
County of San Diego )
2155
On March 10, 2000 before me, Toni Carter, Notary Public, personally
appeared David A. Lother, of Continental Residential, Inc., personally
known to me to be the person whose name is subscribed to the within
instrument and acknowledged to me that he executed the same in his
authorized capacity, and that by his signature on the instrument the person,
or the entity upon behalf of which the person acted, executed the instrument.
TONI CXREF: 4
Commiiion# 1211801 k Notary Pubk - Cafifornia f
San Diego County ‘-
WIT$JESS my hand and offkial seal.
Toni Carter, Notary Public
State of California
County of San Diego
)
) ss.
)
On March 10, 2000, before me, Toni Carter, Notary Public, personally
appeared Robin Cochran, of Continental Residential, Inc., personally known
to me to be the person whose name is subscribed to the within instrument
and acknowledged to me that she executed the same in her authorized
capacity, and that by her signature on the instrument the person, or the entity
upon behalf of which the person acted, executed the instrument.
WlTNEss I my hand and offkial seal.
TONICAIRW -_
Comm'ksicm#121180~~
Notary Public - Califania $
-lmwCwnty T&i Carter, Notary Public