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HomeMy WebLinkAboutCT 99-14; Regency Development LLC; 2000-0513432; Hold Harmless Agreement/ReleaseDOC 1: 2000-0513432 RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad. CA. 92008 SEP 269 2000 EL:09 Gwl R RECORDER’S USE ‘1!! ,,_ ii ,,,, HbLD HARMLESS AGREEMENT I .$ $2 ;: jIl , GEOLOGICAL FAILURE )j ,, -- !,,“:jip :pi, I’ ‘1 :’ -;, !,[q;7j ,y S(ki 3 (,. p;+, ‘,iji 1 ,~i ‘&j : : :;!E,Jlj;,i 1‘: _: ~--;,‘r’i”‘, $I,,, “” :: Zl ,, In catlsidei~$~imi; of the ~ity,s app~~~a/l,‘bf a grading plan (D improveme$‘glBr& r&g. No. 386-l) for development to occur on p 417, 416 arii’f~~419 &~a Costa Me&&s Unit No. 3, in the city,@! Diego, State’of Catifs@ia, according to map thereof No. 7076,‘1 ,( Recorder of San Die&$County, Q~$tober 6, 1~971 more parti&.&& described 8s (AP;$‘ko. 215 360-16,17,18),, and uther good &-id valuable considekation, : eipi; L I $j*- receipPi:$f wh@~h~‘:!s hereby acknowledged, w&, ‘&&$&cy De@$topment, LLC, the owners of F&# c&&&&# promise to (2 1. indemnify and to h,$d“;he Civ bf Carlsbad, its officers, agents and’employ&$ %rmless from 3 liability for injuries,“to:aii~:pd~~ond, or damage to or taking ‘a? ‘$ny brop&$%x%ding public property, directly or indirectly ca&ed :by ~~~:~~~~loglltat’~~i~ii(ure of any nature, type or cause or any subsequent damage that .‘may“&ccur & ati,: adja&nf to :h& subdivision due to its construction, operation or maintenan%@\ -, ‘i,: I‘;1 ,,, :1; 1‘ Approval of the plans or permits, d?~r%$&%X~ df any work done pursuant to those plans or permits by the City shall not constitute an assumption by the 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 1 Masters/Forr&Hold Harmless Agt Geological Failure Rev. 12/O&98 owner. 3197 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 b~~,~~~~~~~‘ ~~l~~~~l~~~~~, $messors or assigns having an instrument this (‘ L ~/ ‘j, , 20m ! 3 day of,,~':<, ,),@J.,&$:~~"" .,,a 2 :'$g‘g, ., : : ‘3 I, ljj,, jj ;; 2 i;:t:g:,$m ! j j;: $3’ &$i:in; 3 _,>,:, ::tj::$“, .’ ,, &! 1 : :,g:; I i,’ 1, ,: rs: ; i (~: EtI(:, : RONALP R. BALL (Proper notarial acknowledgment of execution by SUBDlVlDER 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 Hamless Agt Geological Failure Rev. 12lO8198 . - -’ . 3198 t STATE OF CALlFORNlA }ss. COUNTY OF 1 cl On 672~00 personally appeared , before me, personally known to me (or 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 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 the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature (This area for offual notarial seal) Title of Document Date of Document Other signatures not acknowledged No. of Pages 3008 (i/94) (General) First American Title lnslrance Company