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HomeMy WebLinkAboutCDP 06-01; Burchfield Family 1992 Trust; 2009-0294247; Hold Harmless Agreement/ReleaseDQC# 2009-0294247 N3F RECORDING IS REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 JUN02, 2009 10:53 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE DAVID L. BUTLER, COUNTY RECORDER FEES: 000 PAGES: SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 203-140-07 PROJECT ID: CDP 06-01 PROJECT NAME: BURCHFIELD RESIDENCE 2627 OCEAN ST RELATED PROJECT ID: CB 08-2198 HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a Building Permit and for development to occur on property more particularly described as Lot 8 in Block "A" of the 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. Except that portion, if any, lying below the ordinary high tide of the waters of the Pacific Ocean, and other good and valuable consideration, receipt of which is hereby acknowledged, We, Burchfield Family 1992 Trust, 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 1 F:\FARMER\KATHY\Burchfield\Bruchfield HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc loss resulting from or caused by any geological failure is assumed by and shall be borne by the owner. 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 <^ 7 -" day of (L/Lit. 20 ^ OWNER(S) BURCHFIELD FAMILY 1992 TRUST By: here) MARILYN J. BURCHFIELD-Owner (print name and title) Date: APPROVED AS TO FORM: RONALD R. BALL City Attorney (Proper notarial acknowledgment of execution by owner(s) must be attached) (Chairman of the Board, President, or any Vice-President and secretary, any assistant secretary, the Chief Financial Officer, or any assistant treasurer must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) 2 F:\FARMER\KATHY\Burchfield\Bruchfield HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On before me. Date' personally appeared , "Kc^t^7^^ . RUTH BfclLAH Commission # 1632813 NotarY Public - California Fresno County Expifes jQn 21 • 201 Q! who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Place Notary Seal Above Signature. OPTIONAL - Signature of Notary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: n Individual D Corporate Officer —Title(s): D Partner—D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing:. Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here. ©2007Nattonal Notary Assodabon-9350DeSotoAve.,P.O.Box24O2'Chatsworth,CA 91313-2402-www.NattonalNotary.org Item #5907 Reorder: Call Toll-free 1-800-876-6827 F:\FARMER\KATHY\HoldHamnless\Bruchfield HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc