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Home My WebLink AboutPD 06-22; Van Wey, Larry V and Gwen A; 2007-0558613; Hold Harmless Agreement/ReleaseDOC# 2007-0558613 RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 AUG22, 2007 10:54 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE G R L G 0 R V J S MIT H. CO LI N TY RECORDER FEES: 0.00 PAGES- 4 ASSESSOR'S PARCEL NO. PROJECT NO. & NAME: 216-220-03 PD 06-22 (DWG 448-7A) VAN WEY RESIDENCE SLOPE REPAIR HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 448-7A) for development to occur on property described as 2756 Galicia Way and more particularly described as Lot 265 of La Costa South Unit No. 4, according to Map thereof No. 6545, filed in the Office of the County Recorder of San Diego County on November 24, 1969 (APN No. 216-220-03), and other good and valuable consideration, receipt of which is hereby acknowledged, We, Larry V. Van Wey and Gwen A. Van Wey, husband and wife, 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 H:\Development Services\PROJECTS\PD FILES\PD 06\PD 06-22 Van Wey Resident - Rick\PD 06-22 HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc Rev. 12/08/98 owner. It is agreed that the above owners will maintain all slopes and landscaping in a manner 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 day of (\yD' __ 2007. PROPERTY OWNERS Larry V. Van Wey and Gwen A. Van Wey, husband and wife (signhere) Larry V. Van Wey - owner Date: By: (sign here) Date: Gwen A. Van Wey - owner 1_ APPROVED AS TO FORM: RONALD R. BALL City Attorney 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(s) signing to bind the corporation.) H:\Development Services\PROJECTS\PD FILESVPD 06\PD 06-22 Van Wey Resident - RidrtPD 06-22 HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc Rev. 12/08/98 State of California County of San Diego v (Date) personally appeared ) ) ) before me, <^^^y ! l^~j V. V< ' — Se?i<u?f<scl»<^, jV\csfanj Tp>uJoU c ~ ' (Name, Title of Officer) *y\W/&.y (Name[s] of Signer[s]) 1 — . D Dersonallv known to me -OR • (proved to me on the basis of satisfactory evidence) to be the person^) whose namefaf) is/eee subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/kef/their authorized capacity(tes-), and that by his/her/their signature^) on the instrument the person(s), or entity upon behalf of which the persoi^s) acted, executed the instrument. WITNESS my hand and official seal Signature orNotary CISSY SONGALIA Commission # 1475695 I Notary Public - California \ San Diego County j My Comm. Expires Mar 9,20081 (This area for official notary seal) Title or Type of Document Date of Document Signer(s) other than named above No. of Pages H:\Development Services\PROJECTS\PD FILES\PD 06\PD 06-22 Van Wey Resident - RicMPD 06-22 HOLD HARMLESS AGREEMENT DRAINAGE doc State of California County of San Diego On (Date) personally appeared before me, ?ft ^EfrM . « G\»QA/\ (Name, Title of Officer) (Namejjy of SignerfpJ) t a^personally known to me -OR - n (proved to me on the basis of satisfactory evidence) to be the person^ whose name($ is/afd subscribed to the within instrument and acknowledged to me that heYshe/ttrey executed the same in htsVher/ttwrff authorized capacity (tesT, and that by his7her/their signature^ on the instrument the person^, or entity upon behalf of which the person^, acted, executed the instrument. WITNESS my hand and official seal Signature of Motary R A. GRAY * COMM. #1623431 Q> NOTARY PUBLIC-CALIFORNIA P SAN DIEGO COUNTY ** My Comm. Expires November 22, 2009 (This area for official notary seal) Title or Type of Document Date of Document No. of Pages Signer(s) other than named above H:\Development Services\PROJECTS\PD FILES\PD 06\PD 06-22 Van Wey Resident - Rick\PD 06-22 HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE doc Rev. 12/08/98