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Home My WebLink AboutMS 08-03; Nolan Trust, Frank J and Jo Ann; 2015-0619839; 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# 2015-0619839 1111111111111111111111111111111111111111111111111111111111111111111111 Dec 02, 2015 02:23 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES $24.00 PAGES: 4 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 223-211-18 ~ PROJECTID: ~M~S~O~B-~0~3-------------- er::.,... PROJECT NAME: Nolan Minor Subdivision RELATED PROJECT ID: ---------------------- HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 481-5A) and improvement plans (n/a) 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, 1/(We) FRANK J. AND JOANN NOLAN TRUST, DATED 1/19/93, 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 \\FILES01V\Departments\CED\LandDev\PROJECTS\MSIMS 08\MS 08-03 Nolan Tentative Map· Wickham\B & A\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.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. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill 2 \\FILES01V\Departments\CED\LandDev\PROJECTS\MSIMS 08\MS 08·03 Nolan Tentative Map· Wickham\B & AIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 IN WITNESS WHEREOF, ___,__,\~,____day of N 0 \.k::-M~Y APPROVED AS TO FORM: CELIA BREWER City Attorney By:~ Assistant City Attorney the undersigned has executed this instrument this '20__1S Frank J. Nolan, Trustee of Frank J. and Jo Ann Nolan Trust, Dated 1/19/93 (print name and title) Date: " / . -/L h; i<f-~,-- By: Jo Ann Nolan, Trustee of Frank J. and Jo Ann Nolan Trust, Dated 1/19/93 Date: (print name and title) I /1 I )l/;s#" I I (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.) 3 \\FILES01V\Departments\CED\LandDev\PROJECTS\MS\MS 08\MS 08-03 Nolan Tentative Map-Wickham\B & A\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ~Q. t1 Vle:qt? On N O\le IV\ 'per-\\\ , 1.Dt9 before me, _ _:\,_,_).YOO.><>-VI!..L_--'-1 ·-----'-P~C._~=-z.=-r, _N=Otu..l....::Lr---'f~---"-P-""u-"--1?-'-'-H-""0-~ Date Here Insert Name and Title of t~e Officer personally appeared __ _:::J,_,b,__~,__,rl'-'-h"-'---'-'b\"-"O"--'-\Q,.b__,____,Q"-'-I).._,d,______,tto'-...l-"!I,!.._Q!--li=L---'J""'----~-'\IJ...,O,_,Ia!Ub'-'------ Name(s) of Signer(s) who 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 he/she/they executed the same in his/her/their authorized capacity(ies), 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. Place Notary Seal Above I certify under PENALTY OF PERJURY under tile laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature _ ____,~f'--\-'""""'-_._.__T:____' _fl'----""~"-=--"'ZT-- l._};ignature of Notary Public -----------------------------OPTIONAL---------------------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: _____________ Document Date: Number of Pages: Signer(s) Other Than Capacity{ies) Claimed by Signer(s) Signer's Name: ____________ _ D Corporate Officer -Title(s): _______ _ 0 Partner - 0 Limited 0 General 0 Individual 0 Attorney in Fact D Trustee D Guardian or Conservator 0 Other: ______________ _ Signer Is Representing: Named Above: ___ _ Signer's Name:~---------- 0 Corporate Officer -Title(s): 0 Partner - 0 Limited D General 0 Individual D Attorney in Fact D Trustee D Guardian or Conservator 0 Other: _____________ _ Signer Is Representing: @2014 National Notary Association· www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 4 \\FILES01V\Departments\CED\LandDev\PROJECTS\MS\MS 08\MS 08-03 Nolan Tentative Map-Wickham\B & A\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13