HomeMy WebLinkAboutCDP 09-13; SYLVER, MARSHALL; 2010-0307499; Hold Harmless Agreement/ReleaseDQCtt 2010-0307499
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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
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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:
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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:.
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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
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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