Loading...
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. 1 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.) 2 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