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HomeMy WebLinkAboutRP 99-14; Army & Navy Academy; 2001-0821924; Hold Harmless Agreement/ReleaseRECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 SAh‘ DIEGC CWMTY RECORDER’S UFFICE OFFICIB RECORDS SREGUHY 3. SMITH, COUNTY RECORDER SPACE ABOVE THIS LINE FOR RECORDER’S USE ASSESSOR’S PARCEL NO. 203-041-01-00 PROJECT NO. 8 NAME: RP 99-14 ARMYINAVY ACADEMY HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City’s approval of a grading plan (Dwg. No. 395-1A) for jevelopment to occur on property described as attached Exhibit “A more particularly described 3s (APN No. 203-041-01-00), and other good and valuable consideration, receipt of which is rereby acknowledged, l/(We) Army and Navy Academy, Inc., a California Corporation, the )wner(s) of said property promise to indemnify and to hold the City of Carlsbad, its officers, rgents and employees harmless from liability for injuries to any persons, or damage to or taking )f any property including public property, directly or indirectly caused by the geological failure )f any nature, type or cause or any subsequent damage that may occur on or adjacent to this ubdivision due to its construction, operation or maintenance. Approval of the plans or permits, or inspection of any work done pursuant to those plans )r permits by the City shall not constitute an assumption by the City of any responsibility for any lamage or taking referenced in this agreement. City shall not be responsible in any manner vhatsoever for the design, compaction, construction or maintenance of the slopes, cuts, fills or nprovements made or done pursuant to the approved plans, nor shall any officer or employee hereof be liable or responsible for any accident, loss or damage happening or occurring during he construction work or improvements as specified in this agreement. The entire risk of any xs resulting from or caused by any geological failure is assumed by and shall be borne by the Iwner. It is agreed that the above owners will maintain all slopes and landscaping in a manner 1 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. IN WITNESS WHEREOF, the undersigned has executed this instrument this By: (sign here) (print name and title) Date: APPROVED AS TO FORM: RONALD R. BALL City Attorney By: && Deputy City Attorney (Proper notarial acknowledgment of execution by SUBDIVIDER 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@) signing to bind the corporation.) 2 Rev. 12108198 State of California County of,- ) n personally appeared , personally known to me -OR - (proved to me on the basis of satisfactory evidence) to be the person(s) whose name@) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislherltheir authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal (This area for official notary seal) Title or Type of Document Date of Document No. of Pages Signer(s) other than named above 3 EXHIBIT “A” LEGAL DESCRIPTION LOTS 58 THROUGH 73 INCLUSIVE, LOTS 102 THROUGH 130 INCLUSIVE, AND LOTS 132 THROUGH 150 INCLUSIVE OF GRANVILLE PARK NO. 2, IN THE CITY OF CAFUSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2037, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 18,1927.