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Home My WebLink AboutRP 06-03; Hurley, Thomas & Woolsey, Richard Albert; 2008-0021746; Hold Harmless Agreement/ReleaseDQC# 2008-0021746 RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 JAN 16, 2008 2:56 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY! SMITH. COUNTY RECORDER FEES: 0.00 PAGES; SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO. PROJECT NO. & NAME: Roosevelt Center 203-292- 15,16,17,19-00 RP 06-03 HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 452-5A) for development to occur on property described as (see attached "A") more particularly described as (APN No. 203-292-15,16,17,19-00), and other good and valuable consideration, receipt of which is hereby acknowledged, l/(We) Thomas Hurley, an Unmarried Man, as to an Undivided 50% Interest and Richard Albert Woolsey, a Married Man as His Sole and Separate Property, as to an Undivided 50% Interest as Tenants in Common, 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\RP FILES\RP 06\RP 06-03 Roosevelt Center-Levy\Bonds and AgreementsMHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE(452-5A).doc Rev. 12/08/98 6176 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. the undersigned has executed this instrument thisIN, WITNESS WH of REOF PROPERTY OWNERS Thomas Hurley, an Unmarried Man, as to an Undivided 50% Interest and Richard Albert Woolsey, a Married Man as His Sole and Separate Property, as to an Undivide^L5Q% Interest as Tenants in Common By: (sign here) Thomas Hurley, An Unmarried Man, Tenant in Common (print name and title) Date: ^ By: Inn I AMNlA (sign here) Richard Albert Woolsey,'A Married Man as His Sole and Separate Property, Tenant in Common Date: (print name and title) APPROVED AS TO FORM: RONALD R. BALL City Attorney i/~\ A i (~\S 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\RP FILES\RP 06\RP 06-03 Roosevelt Center-Levy\Bonds and Agreements\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE(452-5A).doc Rev. 12/08/98 6177 State of California County of San Diego on (Date) personally appeared before me, (Name, Title of Officer) I h (Name[s] of Signer[s]) personally known to me -OR - D (proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) g/subscribed to the within instrument and acknowledged to me that< 'executed the same ir*4rts1P&wreb authorized capacity(ies), and that by 6»$ signature(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal CommMon<M«07Stt Notary fuMc-CaKom SanDtogo County My Comm. ENpfeMOct 13. Signature of Notary (This area for official notary seal) Title or Type of Document Moid Date of Document Signer(s) other than named above No. of Pages 2. H:\Development Services\PROJECTS\RP FILES\RP 06\RP 06-03 Roosevelt Center-Levy\Bonds and Agreements\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE(452-5A).doc Rev. 12/08/98 EXHIBIT "A" Real property In the CSty of Carlsbad, County of San Diego, State of California, described as follows: PARCEL A: (APN: 203-292-15) LOT 28 IN BUOCK 34, TOWN OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS PER MAP THEREOF NO. 535, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 2, 1888. PARCEL B: (APN: 203-292-16) LOT 29 IN BLOCK 34, TOWN OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 535, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 2,1888. PARCEL C: (APNS: 203-292-17; 203-292 19) THOSE PORTIONS OF LOTS 30, 31 AND 32, IN BLOCK 34, IN THE TOWN OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 535, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 2, 1888, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 32, RUNNING THENCE NORTHWESTERLY ALONG THE SOUTHWESTERLY BOUNDARY LINE OF SATO LOTS 32,31 AND 30, A DISTANCE OF 75 FEET TO A POINT OF INTERSECTION WTIH THE NORTHWESTERLY BOUNDARY LINE OF SAID LOT 30; THENCE NORTHEASTERLY ALONG SATO NORTHWESTERLY BOUNDARY LINE A DISTANCE OF 50 FEET; THENCE SOUTHEASTERLY ALONG A LINE PARALLEL WITH AND 50 FEET NORTHEASTERLY FROM SAID SOUTHWESTERLY BOUNDARY LINE OF SAID LOTS 32, 31 AND 30, A DISTANCE OF 75 FEET TO A POINT Of THE SOUTHEASTERLY BOUNDARY LINE OF SAID LOT 32; THENCE SOUTHWESTERLY ALONG SAID BOUNDARY LINE WHICH IS ALSO THE NORTHWESTERLY LINE OF ELM AVENUE, A DISTANCE OF 50 FEET TO THE POINT OF BEGINNING. APN: 203-292-15-00 and 203-292-16-00 and 203-292-17-00 and 203-292-19-00