HomeMy WebLinkAboutPE 2.87.44; Madison Square Development; 88-054964; Hold Harmless Agreement/Releasese- C ,i .. .- -n 3 “~~364 n c 1. I
RECORDING REQUESTED AND
WHEN RECORDED MAIL TO: 511
CITY OF CARLSBAD i 1200 Elm Avenue Carlsbad, California 92008
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I I Space above this line f#&&&? \ _.., -.
Documentary Transfer Tax: S No fee.
Signature of Declarant determining tax-
firm name CITY OF CARLSBAD
Parcel No. 213-091-1.2.3 & 4 and 213-092-15
HOLD HARMLESS AGREEMENT
GEOLOGICAL FAILURE
In consideration of the City's approval of a subdivision map and
-permit P.E. 2.87.44 , a grading plan (Plan No. 283-5 ), and/or improvement
plans'for development to occur on property described as Lots 12-16 of CT8&it 213-091-1.2.3 & 4
213-092-15, and other good and valuable consideration, receipt of which is
hereby acknowledged, I (we)~Snlla*pe!R!m&$er (s) of said property
promise to indemnify and to hold the City of Carlsbad and any of its agencies
or employees harmless from liability for injuries to any persons, or damage to
or taking of any property including public property, directly or indirectly
caused by geological failure of any nature, type or cause or any subsequent damage
that may occur on or adjacent to this subdivision due to its construction,
operation or maintenance.
Approval of the plans or permits, or inspection of any work done pursuant
to those plans or permits by the City shall not constitute an assumption by the
City of any responsibility for any damage or taking referenced in this agreement.
City shall not be responsible in any manner whatsoever for the design, compaction,
construction or maintenance of the slopes, cuts, fills or improvements made or
PRm R~42 W7Y 8/q i7E2 ’ 0’1.44
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done pursuant to the approved plans, nor shall any officer or employee thereof
be liable or responsible for any accident, loss or damage happening or occurring
during the construction work or improvements as specified in this agreement.
The entire risk of any loss resulting from or caused by any geological failure
is assumed by and shall be borne by the owner.
It is agreed that the above owner(s) will maintain all slopes and landscaping
in a manner to insure slope stability to the satisfaction of the City Engineer.
The owner(s) agree to repair any damage to public improvements caused by any
geological failure referred to in this agreement to the satisfaction of the
City Engineer. The owner(s) agree to repair or stabilize any slope which the
City Engineer determines may fail and cause damage to public improvements. It
is further agreed that this agreement shall be binding on all heirs, successors
ar assigns having an interest in all or any part of the property described herein.
IN WITNESS WHEREFOR, the undersigned has executed this instrument this _
@ day of ,$&L/W , 19H.
General partner
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-- ‘, +
STATE OF CALIFW Diego s COUNTY OF j.*.
z 0 ny19,1988_-~-, before me. me “ndenigned, a Notary P”bliC in and for J.WlLlal-
: j$ Said state, personalti appeared ,-.__ ljerald w. Bosstick -ama
SF , perSOnally k”wJ” to me (or !nOYed to me on the basis
&Eo Of Satisfactory evidence) to be me parsons Who executed the within inst,“ment as
E” President an* -------
2s secretary, on ~,a,,of Kowfert Strasee ,LEc+
z:
s .g fhecorporationtherein named,a”dacknowledgedtomethatsaid ‘Z ; COrporation executed the within inStr”mt?nt pursuant to its by-
g lawsararesol”tia”afitsboardofdirectors,saidcorporation being
&; known to me to be one Of the paltners of-~.. NANCY J HINES
Madison Square Development II NOTRTRRT P”BLlC - CALIFORNIA
I II!:00 COUNTY
g the Lmtnersllip that executed tile within instr”nlL?“t. and ack- “Owledged to me mat SUCh COrDoration executed me same as ‘D S”Ch partner and that such partnerShip executed me same.
a :: WTNESS my hand an* official seal.
Signature Y (This area for official notarial sealI