HomeMy WebLinkAboutCB042304; Parker, David L.; 2004-0788491; Hold Harmless Agreement/ReleaseDOC # 2004-0788491
RECORDING REQUESTED BY
WHEN RECORDED MAILTO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA. 92008
PARKER RESIDENCE
I llllllll Ill 11111 11111 11111 11111 111111111111111llll111111llll111111111
AUG 19,2004 9:15 AM
OFFICIAL RE CORDS SAN DIEGO COUNTY RECURDER'S OFFICE
GREGORY J. SMITH, COUNTY RECORDER
FEES: 0.00 PAGES: 3
I I lllll Ill11 Ill11 11111 11111 1111 11111 Ill11 Ill11 11111 Ill11 Ill11 11111 1111 1111 1111
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO. 207-073-04
PROJECT NO. & NAME: CB042304
REMODEUADDITION GRADING
HOLD HARMLESS AGREEMENT
GEOLOGICAL FAILURE
In consideration of the City's approval of a building plan (CB042304) for development to
occur on property described as 4040 Skyline Road more particularly described as Lot 17 of
Carlsbad Highlands, in the City of Carlsbad, County of San Diego, State of California, according
to map thereof No. 2647, filed in the Office of the County Recorder of San Diego County, April
16, 1950 (APN No. 207-073-04), and other good and valuable consideration, receipt of which is
hereby acknowledged, I David L. Parker, 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
owner.
1
H:lDevelopment ServciesfMasierslBonds 8 Agreements/Hold Hardess Agi Geological Failure Rev. 12/08/98
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.
IN WITNESS WHEREOF, the undersigned has executed this instrument this
day of 2 20-.
(print name and title)
By:
(sign here)
(print name and title)
Date:
APPROVED AS TO FORM:
RONALD R. BALL
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.)
Rev. 12/08/90
State of California 1 1
County of San Diego 1
On c17b27/C4- before me, by tchae le Ikrclcf, dotar? hbl I.L,
personally appeared
(Date) (Name, Title of Officer)
(Name[s] of Signer[s])
&Vid L . Pa~Kef-
0 personally known to me -OR -
(proved to me on the basis of satisfactory evidence) to be the personM-whose nameM’
idare subscribed to the within instrument and acknowledged to me tha@Yshe/they
executed the same in@her/their authorized capacityw), and that bmer/their
signaturew on the instrument the personw or entity upon behalf of which the person(s)
acted, executed the instrument.
(This area for
official notary seal) Signature of Notary
HYDevelopment ServciedMasterdBonds & AgreementdHold Hadess A@ Geological Failure
Title or Type of Document
Date of No. of Pages
Document
Signer(s) other than named above
3
Rev. 12/08/98