HomeMy WebLinkAboutMS 98-01; Jensen, Jon; 1999-0247273; Hold Harmless Agreement/Releasei 1
. . * ReGfjrded at the ref- st Q’f 8231 DOC 1: 1999-0247273 Chicago Title
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA. 92008
73q3 w$f@-.5/
#9PR 13, 1933 3:27 PM
OffICIAL RECORDS WI4 DIE@ COUNTY RECORDQ’S llFFICE
1999-0247273
SPACE ABQYE THIS LINE FOR RECORDER’S USE
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(, ~*@#fjR’S ‘;p&&qo. 210-120-30 is PR~JH~T~~(~.~&NAIYII$ ::,I, ~~98-01 :: _'j'i;ji ‘4 ~#j&;~&&~& -MAP ,' -:I,
,‘ 1 ,j, ,, i:> I ,,' ,, r / (,'(:(I ‘i ‘_) i ,"' I, :': L : [ ‘~, : )‘ ,,: 31 ,_I ‘. ‘, I, ‘,$, , (: ::sb( ‘HOLD HARMLESS AGREEMENT
GEOLOGICAL FAILURE
i ,(, 1 ,:_ ;. ;t:jl ,( In consideration of the City’s approval of”a minor subdivision for development to occur 3 in on property described‘as Lot 1 of Poinsettia Beach Unit No. 1, in the City’of Cerlsbad, County of
San Diego, State of California more particularly described as (APN No, 210-1~0-3~~, @d other
good and valuable consideration, receipt of which is hereby acknovulledged, I, Jon A. Jensen,
an unmarried man, the’owner of’said property promise to indemnify and to hold the City of
Carlsbad, its off&ers;~ agents and employees harmless from’ liability for injuries‘ to any persons, ‘, or damage to or taking of any property including public property, direct&or in.directly caused by
the geological failure of any nature, type or cause or any subsequent damage that may occur ,j
on or adjacent to Ws subdivision ‘due to. its construction, operation or maintenance. s
Approval of the’pjans or permits, or inspection of any work done pursuant to those plans
or permits by the City shall not constitute an assumption by the City of any responsibility for any
damage or taking referenced inthis‘agreement: City sha$ 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
1
LlasterslFonnslHold Hamless Agt Geological Failure Rev. 12/08/98
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
interest in all or any part of the property described herein. interest in all or any part of the property described herein. _ . - :‘~~ :‘~~ ((/it:% ((/it:% ‘::, ‘::, 1 1’; ‘,:‘,::!~“,; 1 1’; ‘,:‘,::!~“,; : ::1$1, 1: ii 1,; : I : ::1$1, 1: ii 1,; : I IN WITNESS WHEREOF, the!‘,‘ underqned IN WITNESS WHEREOF, the!‘,‘ underqned 3‘) i iy 3‘) i iy ‘h&s executed this instrument this ‘h&s executed this instrument this :, :,
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APPROVED AS TO FOR&I:’ ’ APPROVED AS TO FOR&I:’ ’ ,, ,j ,, ,j ,‘ ,‘
., 1 ., 1
RONALD R. BALL RONALD R. BALL “ ,:/ “ ,:/ s’, City Attorney City Attorney
(Proper notarial acknowledgment of execution by SUBDIVIDER must be attached)
(President or vice-president and secretary or assistant secretary must sign for corporations. If
only one officer signs, the corporation must attach a resolution certified by the secretary or
assistant secretary under corporate seal empowering that officer to bind the corporation.)
I 2
Masters/Forms/Hold Harmless Agt Geological Failure Rev. 12/08/98
8233
State of California
County of San Diego >
On 3-2-“r4 beforeme,ufidC( Bdd~dfl~‘! hlbti~~1 QLlblit.
(Date) (Nart-k, Title of Officer)’
personally appeared
(Name[s] of Signer[s])
(pFetreette mc c) to be the person($) whose name(fl
is/w subscribed to the within instrument and acknowledged to me that he/&&/thM
executed the same in his/t$$r/tf’$ir authorized capacity@&), and that by his/h’@/th@-
signature($) on the instrument the person@!), or entity upon behalf of which the person@)
acted, executed the instrument.
WITNESS my hand and official seal
(This area for
official notary seal)
Title or Type of Document
Date of Document q-2 -99
9 tll less ,j4-q l?QYhPMf-
No. of Pages 3, includiflclct-e\;L p&L;I-c
Signer(s) other than named above