HomeMy WebLinkAbout; Dewhurst, Donald & Lael; 1999-0471126; Hold Harmless Agreement/ReleaseL
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RECdRDING REQUESTED BY
\, WHEN RECORDED MAIL TO:
5393 DOE - 1999-0471126
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Villane Dr. I Carlsbad, CA. 92008
JUL 07, 1999 X:38 PM
SPACE ABOVE THIS LINE FOR RECORDER’S USE
HOLD HARMLESS AGREEMENT
THIS AGREEMENT is made and entered into as of the 3 ho day of ‘;Tu 4% ~wf, by and between the CITY OF CARLSGAD, a municipal corporation, hereinafter referred to as ‘City”, and
Donald K & Lael J Dewhurst hereinafter referred to as “Owner”, being the owner(s) of the real property
located at 3425 Seacrest Dr, Carlsbad, California also being assessor’s parcel number 167 054 07 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 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;
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)
F- 5394 ? r
’ employees and agents, arising from or attributable to the trimming and removal of the roots and
canopy of the trees a agrees to hold City harmless and not responsible for any personal injuries or damage to the
property of the Owner, Owners 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 3 eo day of 3OL 9 19w.
OWNER:
-Do- w K.ikwL53cLsi-’ (name of%wner)
By:
(sign here)
CITY OF CARLSBAD, a municipal corooration of the State of California
ATTEST:
KAREN R. KUNDTZ, Assistant City Clerk
(Proper notarial acknowledgment of execution by Owner must be attached.)
(3/23/99)
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
By: A&&ant City Attorney
6[=9&.
1 STATE OF CALIF . }ss. COUNTY OF )
On b +I -9C; , before me, ilonw PJ. K~~ows~ 4 9
personally appeared
Ld! ‘5
.
1-e
(or proved to me on the basis of satisfactory evidence) to be the personw whose name@j’is/m
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s) or the entity upon behalf of which the person(s) acted, executed the instrument.
tiotari Public - Californin$ San Diego County C I
(This area for official notartal sealj
Title of Document
Date of Document
Other signatures not acknowledged
3008 (1194) (General)
First American Title Insurance Comoany