HomeMy WebLinkAboutPE 2.93.19; Moffatt, Jerry & Peggy; 1994-0507338; Hold Harmless Agreement/Release-llc # 1994-0507338 2%AUG-1994 11~48 Apl
38 OFFICIIY RECORDS !M DIE60 COUHTY RECORDER’S OFFICE “;Tk KIUN;;~KORDER
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RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Clerk 1 CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad. California 92008 1 Space above this line for Recorder's use
Parcel No. 206-180-39 ',,,.
HOLD HARMLESS AGREEMENT GEOLCGICAL FAILURE I
In consideration of the City's approval of a grading plan
(Dwg. No. 335-8A) for development to occur on property.lvcated at
444 Adams Street more particularly described a5 Rarcet'~4 of Map
1363 recorded March 2, 1993 (APN 206-180-36), and othergood and
valuable consideration, receipt of which is hereby acknowledged,
We Jerry J. Moffatt and Peggy L. Moffatt the owner(m) of said
property promise to indemnify and to hold the City of' Carlsbad
and any of its agencies or employees harmless from liability for
injuries to any persons, or damage to or taking of any property
including public property, directly or indirectly caused by the
geological failure of any nature, type or cause or any subsequent
damage that may occur on or adjacent to this subdivision due to
its construction, operation 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 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
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and shall be borne by the owner. 39
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 binding on all heirs, successors or assigns having an
interest in all or any part of the property described herein.
IN WITNESS WHEREOF, the undersigned has executed this
instrument this
By:
APPROVED AS TO FORM:
RONALD R. BALL City Attorney
By: iz"'- $~//L--+.L , Deputy City Attorney (Proper notarial acknowledgment of execution by the OWNERS must be attached).
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40
STATE OF CALIFORNI COUNTY OF
On hc,ud- 10, lqqq , beforeme, Lintki .sI/iVU~ J personally appeared & rrq J. /l\o&#- and &qqq c. \?\&a# I dd,
, personally known to me
(or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) &/are
subscribed to the within instrument and acknowledged to me that h&she$they executed the same
in h&Mr/their authorized capacity(ies), and that by his&r/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 ( ’
/
OFFICIAL NOTARV SW
UNDA WLUVAN
Title of Document Iyi/d &00//15S &w&l&
Date of Document g - 14 -9 Y No. of Pages a
Other signatures not acknowledged /&Q/Q’ kt’- &z //
3008 (li94) e?nerai)
First American me lnS”lance company