HomeMy WebLinkAboutCDP 02-50; Russell, Joan D; 2005-0335524; Hold Harmless Agreement/ReleaseRECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA. 92008
DOC # 2 0 0 5-0 3 355 24
APR 21.2005 455 PM
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SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO. 203-1 40-09
PROJECT NO. & NAME: CDP 02-50
Russell Remodel
HOLD HARMLESS AGREEMENT
GEOLOGICAL FA1 LU RE
In consideration of the City's approval of building plan (CB 04-3591) for development to
occur on property described as Lots 11 and 12 in Block "A' in Hayes Land Company Addition to
Carlsbad, Map No. 2, in the City of Carlsbad, County of San Diego, State of California, according to
Map thereof No. 1221, filed in the Office of the County Recorder of San Diego County, November 4,
1909, more particularly described as (APN No. 203-140-09), and other good and valuable
consideration, receipt of which is hereby acknowledged, I/(We) Joan D. Russell, Trustee of the
Joan D. Cook Separate Property Trust Established Map 15, 1981, 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.
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HYDevelopment SewcieslMastersiBonds & AgreementsiHold Harmless Agt Geological Failure Rev. 12/06/98
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.
2-5 dayof -#d ,20@0
IN WITNESS WHEREOF, the undersigned has executed this instrument this
PROPERTY OWNERS
Joan D. Russell, Trustee of the Joan D. Cook
SeP
By:
Joan Russell Porter. Trustee
APPROVED AS TO FORM:
(print name and title)
(print name and e) “\
Date: :
RONALD R. BALL
City Attorney
BY:&+- Deputy Ci y ttorney
(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.)
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H /Development ServclesIMasterdBonds & AgreementsiHold Harmless Agi Geological Failure Rev. 12/08/98
.. .
State of California 1 1
County of San Diego )
On ,Ma -~ 25~trsdfore me,
personally appeared -b.4-u p ussez &I&?
6" t k3eaccm. J~r&yIpL/R cdc (Date) (Narde, Title of Officer)
(Name[s] of Signer[sJ)
(proved to me on the basis of satisfactory evidence) to be the person(,@ whose name(*
is/& subscribed to the within instrument and acknowledged to me that Mshe/tw
executed the same in hiS/her/tM authorized capacity(i&), and that by Mher/W
signature(q on the instrument the person($ or entity upon behalf of which the person(@
acted, executed the instrument.
WITNESS my hand and official seal
(This area for
official notary seal)
Date of Document '3 - h-- 0 3- No. of Pages 3
Signer(s) other than named above
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HYDevelopment ServciesJMasters/Bonds E4 AgreementsJHold Harmless AQt GeOlOQiCal Failure Rev. 12/08/98