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Home My WebLink AboutPD 15-10; Lo, Peter and Sunny; 20016-0403170; 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# 2016-0403170 1111111111111111111111111111111111111111111111111111111111111111111111 Aug 09, 2016 09:40AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00 PAGES 6 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASYOR'S PARCEL NO.: 223-250-07-00 PROJECTID: _P~D~15~-~10~~~------- PROJECT NAME: LO RESIDENCE HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 490-1A) 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) Peter Lo and Sunny Lo, the owner(s) of said property promise to indemnify and to hold the City of Carlsbad, its officers, agents and employ~es 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 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 1 0:\CED\LandDev\PROJECTS\PD\PD 15\PD 15-10 The La Residence-Chua\B&AIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE-DWG 490-1Adoc 01125113 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 0:\CED\LandDev\PROJECTS\PDIPD 15\PD 15-10 The Lo Residence· Chua\B&A\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE-DWG 490-1A.doc 01125113 IN WITNESS WHEREOF, _2:..=L.~day of r~ APPROVED AS TO FORM: CELIA BREWER City Attorney By: ~EMP%: Assistant City Attorney City of Carlsbad the undersigned ,20&. OWNER(S) has executed this instrument this Peter Lo and Sunny Lo, husband and wife as joint tenants By ~i~n h~re) Peter Lo, owner (print name and title) Date: By: (s1gn here) Sunny Lo, owner (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.) 3 0:\CED\LandDev\PROJECTS\PDIPD 15\PD 15-10 The Lo Residence-Chua\B&A\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE-DWG 490-1Adoc 01/25/13 State of Arizona CERTIF1CATE NOTARIAL ACKNOWLEDGEMENT County of ffMt 0!'4-: On this 2 2/\I!J day of_..:J _ _....--_;;c.J_~_,1~------' 20_,_t-=.(o __ , before me personally appeared Peter Lo , whose identity was proven to me on the basis of satisfactory evidence to be the person who he or she claims to be, and acknowledged that he or she signed the above/attached document. Notary Public u1 I G l f1/H;(_ Print name f(--)-7.-0 19 My commission expires This certificate is attached to the following document: Description of the document:---------------------- Documenttitle:___!...H~&J.~--L-HJ..I!I~~!!!!!!!!!!iC!I!~a_~~p:!!5i!~.O:rt-'-=---~~~:w;~;~C·~ai~...:._~4k--·~oa.:>Q~"'"1110...re..._~_ Documenttype: -------------------------------- Number of pages: __ ql-----Date: }~ 2.-"2.. 1 '2-0/ ~ Additional signers:---------------------------- n ....... ..~6' ............... T r .... ;.f' .... .._ r .......... ,.. •• "' ........ ;.,.,.. oi._...,J,~ n.-.. .... ~~ .., ...... ,_, 11"';":-.. ......... (-', ........................ ;,....., Dl.,..,...f,,., CERTIFICATE NOTARIAL ACKNOWLEDGEMENT State of Arizona County of t1~ G{){{;f- On this .;7d<4J day of __ ::::f'_J_ur-1-----' 20 t <P , before me personally appeared Sunny Lo , whose identity was proven to me on the basis of satisfactory evidence to be the person who he or she claims to be, and acknowledged that he or she signed the above/attached document. Notary Public f-1,(/(~ A-. G(.-a.-r'-> MICHAEL A GIBBS ~ Notary Public • Arizona § Maricopa County ..... ~ My comm. Expires Apr 5, 2019 Print name My commission expires This certificate is attached to the following document: Description of the document:----------------------- Documenttitle: +-(£,A \-\PnMQs41:» a,~t" ~.e.o'J~cr.l Fai...~ Documenttype: ------------------------------- Number of pages: __ _,_4 __ Date: --,M~=>t'----"2,_2..,.___,~2.~o:....:/..!Gt;z.._ _____ _ Additional signers:---------------------------- EXHIBIT 'A' LOT 478 OF CARLSBAD TRACT 72-20 LA COSTA VALE UNIT NO.3, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 7950, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY.