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HomeMy WebLinkAboutCDP 09-13; SYLVER, MARSHALL; 2010-0307499; Hold Harmless Agreement/ReleaseDQCtt 2010-0307499 tif- 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 JUN18, 2010 9:15 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE DAVID L BUTLER, COUNTY RECORDER FEES: 0.00 PAGES: SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 210-120-34-00 PROJECT ID: CDP 09-13 PROJECT NAME: GOETZ SEAWALL RELATED PROJECT ID: CDP 09-07/CDP 09-11 HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 463-2A) for development to occur on property more particularly described as Exhibit A, and other good and valuable consideration, receipt of which is hereby acknowledged, I, Marshall Sylver, 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 property 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. It is agreed that the above owner 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 or 1 C:\Documents and Settings\rkemp\Local SettingsVTemporary Internet Files\Content.Outlook\LD3S1S8T\SYLVER HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE 052510.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of. On i^O before me, J~:> i personally appeared Name(s) of Signer(s) SHERRY A. FR6IWNCE* Commlsjlon # 1727064 Notary Public - CaUfomlo San Dl*go County 1 who proved to me on the basis of satisfactory evidence to be the person^ whose name(s/is/ar^ subscribed to the within instrument and acknowledged to me that he/sjfe/th^y executed the same in his/hefAh^ir authorized capacity(ie?), and that by his/hjer/tKeir signature^) on the instrument the person(sjj, 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 Place Notary Seal Above Signatu OPTIONAL Though the information below is not required by law. It may prove valuable KTpersons relying on the doument ) and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: .. Number of Pages:. Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) 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: Top of thumb here 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:. Top of thumb here C2M7Natkx^NotaryAsso(^tk)n'9350r>SotoAm,RO.BTO^ Item#5907 ReorderCa»Toil-Free 1-80O876-6827 C:\Documents and Settings\rkemp\Local SettingsVTemporary Internet Files\Content.Outlook\LD3S1S8T\SYLVER HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE 052510.doc EXHIBIT "A' PARCEL 3 OF PARCEL MAP NO. 18236, CITY OF CARLSBAD MINOR SUBDIVISION 98-01, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 13,1999 Sylver