HomeMy WebLinkAbout; Baker Family; 1999-0471122; Hold Harmless Agreement/Release-
I , 538o DOC ^ 1999-0471122 : RECORDING REQUESiED BY
I
JUL o-7, 1999 1:38 PM
WHEN RECORDED MAIL TO: . OFFICIAL REm W DIEGD (llldTV IWIlDER’S !JFFICE
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr. Carlsbad, CA. 92008
!’ I SPACE ABOVE THIS LINE FOR RECORDER’S USE
HOLD HARMLESS AGREEMENT
THIS AGREEMENT is made and entered into as of the z& day of M A?f 19!?$ by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as City”, and
Family Baker hereinafter referred to as “Owner”, being the owner(s) of the real property located at 2035
Charleen Cir, Carlsbad, California also being assessor’s parcel number 205 330 19 00 hereinafter referred
to as “Property”.
Owner understands that City plans to remove and replace, repair and restore various portions of the street
that may including curb and gutter, street surfacing, street structural section, sewer and drainage facilities
fronting Property. Owner agrees that the roots of the tree(s) located within City street right-of-way fronting
Property have caused damage to the street and utility facilities. City has informed Owner that:
l the construction activities needed to repair the street will damage the tree(s).
l the best course of action is for City to remove the tree(s).
l City wishes to remove the tree(s) and is willing to plant new one new tree on the Property to replace
each tree removed.
Owner wishes to preserve the existing tree(s). When Owner suggested that City could leave the trees in
place and conduct only minimal root pruning City informed Owner that:
l the construction activities needed to repair the street will necessitate trimming and removing a portion
of the roots and canopy of said tree(s).
l the trimming and removing a portion of the roots and canopy of said tree(s) will be extensive and will involve up to thirty percent of the tree(s) root structure and up to forty percent of the tree(s) canopy.
l trimming and removing a portion of the roots and canopy of the tree(s) will reduce the strength and
health of the tree(s).
l the reduction in the strength and health of the tree(s) may result in all , or portions, of the tree(s) falling
and/or death of the tree(s).
l this root trimming and removal of the roots and canopy could diminish the stability of the tree(s).
l there is the possibility that the tree(s) or its branches may fall down sometime after this trimming and
removal of the roots and canopy and possibly damage the property of, or cause personal injuries to, Owner, Owner’s guests and/or Owner’s tenants.
l because of the heightened possibility that the tree(s) may fall and the resultant liability City is not willing
to trim and remove a portion of the roots and canopy of the tree(s) unless Owner: 0 agrees to accept liability for any and all damage to Owner’s property, personal injuries to Owner
and personal and property damage to Owner’s guests and/or Owners tenants that may hereinafter occur that is attributable to, caused by or arises from the trimming and removal of the roots and
canopy of the trees;
l waives any and all rights to make a claim for any personal injuries or property loss or damage that may hereinafter accrue against City, members of its Council or Commissions, its officials,
(3/23/99) i .=
5381
employees and agents, arising from or attributable to the trimming and removal of the roots and
canopy of the trees
l agrees to hold City harmless and not responsible for any personal injuries or damage to the
property of the Owner, Owner’s guests and/or Owner’s tenants in the event that the trees or
branches thereof fall down, or otherwise cause damage, due to the trimming and removal of the
roots and canopy of the trees as described herein.
Owner wishes to preserve the existing tree(s) fronting the Property. In order to try to save the street tree(s)
located within City right-of-way and allow for the reconstruction of street and utility facilities fronting
property Owner consents and agrees to assume any and all risks of damage to Owner, Owner’s guests
and/or Owner’s tenants property, or personal injuries to Owner, Owner’s guests and/or Owner’s tenants, that may hereinafter occur that is attributable to, caused by or arises from the trimming and removal of the
roots and canopy of the trees; Owner waives any and all rights to make a claim for any personal injuries or property loss or damage that may hereinafter accrue against City, members of its Council or Commissions,
its officials, employees and agents, arising from or attributable to the trimming and removal of the roots and canopy of the tree(s), and further agrees to hold City harmless and not responsible for any personal
injuries or damage to the property of the Owner, Owner’s guests and/or Owner’s tenants in the event that the tree(s) or branches thereof fall down due to the trimming and removal of the roots and canopy as
described herein.
( I ) ( we ) hereby certify that (I ) ( we ) are the owners of the property located at the address first
mentioned above and that ( I ) ( we ) have read this document and that (I ) ( we ) understand and agree with its content.
Executed by Owner this zgfi day of )‘h y
OWNER:
& - RVL7~ J, FbGe (name of Owner)
By:
CITY OF CARLSBAD, a municipal te of California
Al-t-EST:
B et/-Y /w. &zi&~ (name of Owner)
By$%f??$ /2a2 &%&d&)
(s@T here)
AL-A L.@UJTJ’NKR@Z City Clerk
KAREN R. KUNDTZ, Assistant City Clerk
(Proper notarial acknowledgment of execution by Owner must be attached.)
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
(3/23/99)
l
5382
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
personally appeared
Vbne(s) of Signer(s) 3
[I1 personally known to me
JJ,proved to me on the basis of satisfactory
evidence
to be the person(#) whose nameH &a+e
the same
acted, executed the instrument.
WITNESS my hand and official seal
Place Notary Seal Above
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: CJ \e Jt%f,,,e.x$ avn. 55
Document Date: \qqq Number of Pages: a, I
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer’s Name:
q Individual
0 Corporate Officer - Title(s):
0 Partner - 0 Limited I7 General
0 Attorney in Fact
0 Trustee
0 Guardian or Conservator
q Other:
Signer Is Representing:
0 1997 National Notary Association * 9350 De Soto Ave., P.O. Box 2402 * Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll-Free 1-600-676-6627
State of California
personally appeared
acted. executed the instrument.
WITNESS my hand and official seal.
Place Notary Seal Above
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Docum
Title or Type of Document:
Document Date: I
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer’s Name:
q Individual
0 Corporate Officer - Title(s):
0 Partner - 0 Limited 0 General
0 Attorney in Fact
0 Trustee
0 Guardian or Conservator
0 Other:
Signer Is Representing:
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0 1997 National Notary Association * 9350 De Soto Ave., P.O. Box 2402 * Chatsworth, CA 913132402 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827