HomeMy WebLinkAboutCDP 09-16; LIN, LAWRENCE AND SHA-LI; 2011-0464477; Hold Harmless Agreement/ReleaseDOCtt 2011-0464477
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
SEP 08, 2011 924AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
Ernest J. Dronenburg, Jr., COUNTY RECORDER
FEES. 0.00
PAGES:
7540
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.: 215-070-41-00
PROJECT ID: CDP 09-16
PROJECT NAME: TRITON RESIDENCE (LIN)
RELATED PROJECT ID: CB 10-2525
HOLD HARMLESS AGREEMENT
GEOLOGICAL FAILURE
In consideration of the City's approval of a building permit (CB102525) for development
to occur on property more particularly described as Parcel 3 of Parcel Map No. 19411, in the
City of Carlsbad, County of San Diego, State of California, according to Map thereof filed in the
Office of the County Recorder of San Diego County, January 23, 2004, and other good and
valuable consideration, receipt of which is hereby acknowledged, l/(We) Lawrence I. Lin and
Sha-Li Y. Lin, husband and wife as joint tenants, 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
loss resulting from or caused by any geological failure is assumed by and shall be borne by the
H:\Development Services\PROJECTS\CDP FILES\CDP 09\CDP 09-16 Triton Residence - WickharrAB & A\HOLD HARMLESS AGREEMENT GEOLOGICAL
FAILURE CDP0916 .doc
owner. / D H- JL
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
day of tfmcb 20// .
OWNER(S)
Lawrence I. Lin and Sha-Li Y. Lin, husband and wife
as joint tenants
S<0 x*^
By C^^.^-ZX'T-^^S' tt^^TOFFICIAL SEAL
MICHAEL CHUNG
i NOTARY PUBLIC-STATE OF ILLINOIS
MY COMMISSION EXPIRES:10/25/11
(sign here)
Lawrence I. Lin, owner
(print name and title)
Date:
By:
f(
(sign here)
Sha-Li Y. Lin, 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.)
H:\Development Services\PROJECTS\CDP FILES\CDP 09\CDP 09-16 Triton Residence - Wickham\B & A\HOLD HARMLESS AGREEMENT GEOLOGICAL
FAILURE CDP0916 .doc
State of
County of 7542
On Am [CM
personally appeared
before me,
IT. Lin *•Y.
. a Notary Public
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 J///Vv/>i'S that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Noi
Notary Public Seal
OFFICIAL SEAL
MICHAEL CHUNG
NOTARY PUBLIC - STATE OF ILLINOIS
MY COMMISSION EXPIRES: 10/25/11