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Home My WebLink About; Vallely, Dwight; 1999-0471124; Hold Harmless Agreement/Release5385 DOC - 1999-0471124 2 7 RECORDING REQUESTED BY JUL 079 1999 1:38 PM WHEN RECORDED MAIL TO: rnICI# FEWRDS L City Clerk Cl+ OF CARLSBAD 1200 Carlsbad Villaae Dr. SW DIE60 CUMY FSCURDWS OFFICE GEGORV J. SHIM, lxuIly RECUER FEES: 0.00 Carlsbad, CA. $2008 SPACE ABOVE THIS LINE FOR RECORDER’S USE HOLD HARMLESS AGREEMENT THIS AGREEMENT is made and entered into as of the \1* day of t%q 19T-J - by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as &y”, and Dwight A Vallely hereinafter referred to as “Owner”, being the owner(s) of the real property located at 2027 Charleen Cir, Carlsbad, California also being assessor’s parcel number 205 330 17 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, (3123199) h 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 thus day of whq , lb%.. OWNER: CITY OF CARLSBAD, a municipal ATTEST: (name of Owner) By: (sign here) 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 By: !AR&d Assiqant City Attorney (3/23/99) CALIFORK ^ ALL-PURPOSE CERTIFICATE OF ACY-WLEDCMXT c 5389 State of &fL&k County of &A/jr& On m \1J4q1 before me, D-ate personally appearedYw%m t’A&w - Name, title -e.g., Johrfboe, Notary Pubhc 1 Name(s) of Signers(s) 0 Personally known to me Q& A Proved to me on the basis of satisfactory evidence &J whose name&J is/,&e subscribed to the within instrument and t@y executed the same in his&/t F ir authorized capacity(i@, and that h~r/tl)&r signaturep) on the instrument the personfi), or the entity upon behalf of which the personG) acted, executed the instrument. and official seal. OPTIONAL The data below is not required by low, however it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. SIGNATURE AUTHOWY OF SIGNER: /tt? INDIVIDU/4L Cl COWOWE OFFICER(S) Tide(S) 0 PARTNER ‘Cl LIMITED Cl GENERAL CII ATIORNEY-M-FACT c3 TRUSTEE(S) 0 GUARDIAN/CONSERVATOR 0 OTHER: NAME(S) OF PERSON(S) OR ENTITY~S) SIGNER IS REPRESENTING: DESCRRION OF ATNCHED DOCUMENT l-+ih-%a ki@ww TITLE OR TYPE OF DOCUMEFUT 2 NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NMED ABOVE: