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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 \ of$nn “,EGD LOLl,~ / 1.\.-..1 ;gjj FE8 -4 PM 2: 18 I I Space above this line f#&&&? \ _.., -. Documentary Transfer Tax: S No fee. Signature of Declarant determining tax- firm name CITY OF CARLSBAD Parcel No. 213-091-1.2.3 & 4 and 213-092-15 HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a subdivision map and -permit P.E. 2.87.44 , a grading plan (Plan No. 283-5 ), and/or improvement plans'for development to occur on property described as Lots 12-16 of CT8&it 213-091-1.2.3 & 4 213-092-15, and other good and valuable consideration, receipt of which is hereby acknowledged, I (we)~Snlla*pe!R!m&$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 . I.- ,‘. _z’ .~. 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 ,$&L/W , 19H. General partner - -- ‘, + STATE OF CALIFW Diego s COUNTY OF j.*. z 0 ny19,1988_-~-, before me. me “ndenigned, a Notary P”bliC in and for J.WlLlal- : j$ 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