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HomeMy WebLinkAboutCDP 02-56; Walters, William T. & Susan B.; 2004-0493941; Hold Harmless Agreement/ReleaseQoC # 2004-0493941 RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 NAY 279 2004 4:53 PM OFFICIAL k'CORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH, COUNTY REGORDER FEES: 0.00 SPACE ABOVE THIS LINE FOR RECORDERS USE ASSESSOR'S PARCEL NO. 210-120-27-00 21 0-1 20-31 -00 CDP 02-56 PROJECT NO. & NAME: Walters Residence HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 413-5A) and a building permit (CB 04-0180) for development to occur on property described as 5305 Carlsbad Blvd. more particularly described as (APN No. 21 0-1 20-27-00, 21 0-120-31-00), and other good and valuable consideration, receipt of which is hereby acknowledged, I/(We) William T. and Susan B. Walters, the owner(s) of said property promise to indemnify and to hold the City of Carlsbad, its officers, agents and 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 and shall be borne by the owner. It is agreed that the above owners will maintain all slopes and landscaping in a manner 1 H:/Development Servcies/Masters/Bonds 8 AgreementsJHold Harmless Agl Geological Failure Rev. 12/08/96 -- a. .- 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 1’ dayof l-dlkafi ,20& PROPERTY OWNERS (sbn here) William T. Walters (print name and title) Date: n (sign here) Susan B. Walters (print name and title) Date: APPROVED AS TO FORM: RONALD R. BALL Teputy 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(s) signing to bind the corporation.) 2 H:/Developrnent ServciesJMastersBonds & Agreements/Hold Harmless Agl Geological Failure Rev. 12/08/98 STATE OF NEVADA COUNTY OF CLARK On r(\m~/\ \ * ab 04 before me, Angela Thomas, Notary Public, personally appeared William Walters and Susan Walters, personally known to me - or [ ] proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that helshelthey executed the same in his/her/their authorized capacity(ties), and that by his/her/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.