HomeMy WebLinkAboutCDP 15-40; Theodore D. Viola trustee of the AGMISH TOFF Trust; 2016-0034177; Hold Harmless Agreement/ReleaseRECORDING IS REQUESTED
FOR THE BENEFIT OF THE CITY
OF CARLSBAD
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA. 92008
DOC# 2016-0034177
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Jan 26, 2016 03:48 PM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES: $27 00
PAGES: 5
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.: 207-250-31-00 ----------------------PROJECT ID: COP 15-40
PROJECTNAME: -A~G~M~I~S~H~T~O~F=F~s=o~U~-----
RELATED PROJECT ID: CB15-4608 ~~~~--------------
HOLD HARMLESS AGREEMENT
GEOLOGICAL FAILURE
In consideration of the City's approval of a building permit (CB15-4608) for development
to occur on property more particularly described as (see attached, Exhibit "A"), and other good
and valuable consideration, receipt of which is hereby acknowledged, Theodore D. Viola,
trustee of the AGMISH TOFF Trust, 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
Q ICED\LandDev\PROJECTS\CDPICDP 15\CDP 15-40 Agmish Toff SDU -Chua\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE-CDP 15-40.doc 01/25/13
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.
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Q:ICED\LandDev\PROJECTS\CDPICDP 15\CDP 15·40 Agmish Toff SDU-Chua\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE-CDP 15-40.doc 01/25/13
IN WITNESS WHEREOF,
?.o Maay of <-l.{tJ'vry
APPROVED AS TO FORM:
CELIA BREWER
City Attorney By~ ~R6NKEMP
Assistant City Attorney
City of Carlsbad
the undersigned has executed this instrument this
, 20 t (..
OWNER(S)
Theodore D. Viola, trustee of the AGMISH TOFF
Trust ~!i.\M By:
( s ig r1"here)
m e:l9(1J MUr CJ. vl o L)(J
(print name and title)
Date: { -Z..o -I ~
By:
(sign here)
(print name and title)
Date:
(Proper notarial acknowledgment of execution by owner(s) must be attached)
(Chairman of the Board, President, or any Vice-President and Secretary, any Assistant Secretary, the
Chief Financial Officer, or any Assistant Treasurer 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.)
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EXHIBIT "A"
PROPERTY DESCRIPTION
Lot 101 of Laguna Riviera Unit 4, in the City of Carlsbad, County of San Diego,
State of California, according to Map thereof No. 6529, filed in the Office of the
County Recorder of San Diego County on October 30, 1969.
APN: 207-250-31-00
COP 15-40
AGMISH TOFF 2DU