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HomeMy WebLinkAbout; Brown, Ruth E.; 1999-0471121; Hold Harmless Agreement/Release5377 DOE T-- 1999-0471121 . I) RECORDING REQUESTED BY JUL 07s 1999 1:38 WI 1 WHEN RECORDED MAIL TO: mICIM REam City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 SPACE ABOVE THIS LINE FOR RECORDER’S USE HOLD HARMLESS AGREEMENT THIS AGREEMENT is made and entered into as of the 2 gT’ day of -2?!?qL, 19z by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referre to as “City”, and Ruth E Brown hereinafter referred to as “Owner”, being the owner(s) of the real property located at 2031 Charleen Cir, Carlsbad, California also being assessor’s parcel number 205 330 18 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: l 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 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; 0 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) - - 5378 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. a -P Executed by Owner this day of ) 19%? OWNER: CITY OF CARLSBAD, a municipal RdLEAIroLJh /%A SW (name of OwneF) BY ATTEST: (name of Owner) By: /1/A- (sfgn here) ALmA L. RJ!UmK City Clerk KAREN R. KUNDTZ, Assistant City Clerk (Proper notarial acknowledgment of execution by Owner must be attached.) APPROVED AS TO FORM: (3/23/99) RONALD R. BALL, City Attorney By: , 5379 - > CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of biem personally appeared 0 personally known to me coved to me on the basis of satisfactory evidence San F County I L, ~:r5:&)21,ama I Place Notary Seal Above to be the person(s) whose name*) &zze- subscribed to the within instrument and acknowledged to me that-h+@&they executed the same in +is$ZJtt=te+ authorized capacity&e), and that by -M@%Jtb&r signaturefl on the instrument the person the entity upon behalf of which the per acted. executed the instrument. WITNESS my hand and official seal. ignature of N tary Public 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 Document Title or Type of Document: Document Date: f;)q 99 F” u@m ‘zzr eke ? Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer’s Name: Cl Individual 0 Corporate Officer -Title(s): 0 Partner - 0 Limited 0 General 0 Attorney in Fact 0 Trustee q Guardian or Conservator 0 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 1-600-876-6827