HomeMy WebLinkAboutCDP 04-11; Viola, Ted; 2004-1066312; Hold Harmless Agreement/Releasennc # 2004-1 06631 2
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA. 92008
NOV 09,2004 459 PM
OFFIC1P.L RECORDS
GREGORY J. SMITH, CUUNTY RECORDER SAN DlEGO COUNTY RECORDER'S OFFICE
FEES: u. 00
PAGES: 3
i!11111 Ill11 1111 Illll111111111 Ill11 Ill11 1111 Ill11 1111 lllll Ill11 1111 111 Ill
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO. 21 0-020-1 4
PROJECT NO. & NAME: CDP 04-1 1
CASA DI MARE
HOLD HARMLESS AGREEMENT
GEOLOGICAL FA1 LU RE
In consideration of the City's approval of a building permit (CB 043752) for development
to occur on property described as 5019 Tierra Del Oro more particularly described as Lot 14 of
Tierra Del Oro, in the City of Carlsbad, County of San Diego, State of California, according to
Map thereof No. 3052, filed in the Office of the County Recorder of San Diego County,
February 4, 1954 (APN No. 21 0-020-14), and other good and valuable consideration, receipt of
which is hereby acknowledged, I/(We) Ted Viola, the owner@) 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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H /Development ServCies/MaSteS/BondS & AgreementsRlold Harmless A@ 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 2r '' day of m%?!w , 209.
PROPERTY OWNERS
Ted Viola
(print name and title)
Bv:
(sign here)
(print name and title)
Date:
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
By:
(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:/Developrnent Servcies/MaslerdBonds & AgreementdHold Harmless Agt Geological Failure Rev. 12/06/98
State of California
County of San Diego
(Name[s] of Signer[s])
personally appeared -7eb \/u3lL
2 I 4 I 0 personally known to me -OR -w
(proved to me on the basis of satisfactory evidence) to be the personkwhose name&
is/& subscribed to the within instrument and acknowledged to me that he/sh&‘rq
executed the same in his/hhhauthorized capacity&), and that by his/hq/tk
signaturekhn the instrument the perstsnxor entity upon behalf of which the perso s)
acted, executed the instrument.
\
WITNESS my hand and official seal
(This area for
Signature of Notary official notary seal)
Title or Type of Document
Document Date of o(-kdh No. of Pages 3
Signer(s) other than named above Qjat~ e - -
3 H:IDeveloprnent ServcieslMasterslBonds & AgreemenWHold Harmless &I Geological Failure Rev. 12/08/98