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HomeMy WebLinkAboutCDP 13-25; Gaitaud, Renee D; 2014-0016719; Hold Harmless Agreement/ReleaseRECORDING IS REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD WHEN RECORDED MAILTO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 DOC 8 2014-0016719 IIIIIIIIII lllilllll Illllll Ul JAN 14,2014 12:14 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Emest J. Dronenburg, Jr., COUNTY RECORDER FEES: 30.00 PAGES: 6 SPACE ABOVE THIS LINE FOR RECORDER'S USE 206-192-45 ASSESSOR'S PARCEL NO. PROJECT ID PROJECT NAME CDP 13-25 GAITAUD RESIDENCE 4419 PARK DRIVE RELATED PROJECT ID: CB 13-1704 HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading permit (GR 13-31) for development to occur on property more particularly described as attached Exhibit "A", and other good and valuable consideration, receipt of which is hereby acknowledged, I Renee D. Gaitaud, a married woman, as her sole and separate property, 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 Q:\CED\LandDev\PROJECTS\CDP\CDP 13\CDP 13-25 4419 Park Dr - Rick\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE_CDP 13-25,doc 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. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// 2 Q:\CED\LandDev\PROJECTS\CDP\CDP 13\CDP 13-25 4419 Park Dr - Rick\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE_CDP 13-25,doc 01/25/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this iX44> day of , 20I3, OWNER(S) RENEE D. GAITAUD, A MARRIED WOMAN, AS HER SOLE AND SEPARATE PROPERTY By: (sffdn here) RENEE D. GAITAUD (print name and title) Date: By: (sign here) (print name and title) Date: APPROVED AS TO FORM: CELIA BREWER City Attorney NRON KEMP Assistant 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.) 3 Q:\CED\LandDev\PROJECTS\CDP\CDP 13\CDP 13-25 4419 Park Dr - RicWHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE CDP 13-25,doc 01/25/13 EXHIBIT "A" PROPERTY DESCRIPTION PARCEL 1 OF PARCEL MAP NO. 18186, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 30, 1998. APN: 206-192-45 CDP 13-25 4419 PARK DRIVE CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT personally appeared } before me, XC<yX/^y^ ^ ^^^^^ - /^^^>^^^c Here Insert Name and TMe of the Officer / y Here Insert Mame ar Name(s) of Signer(s) OFFiCiAL SEAL ROBERTD VASS NOTARY PUBLIC-CALIFORNIA^ COMM. NO. 1892327 5. SAN DIEGO COUNTY MY COMM. EXP. JUNE 11,2014 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ar6'subscribed to the within instrument and acknowledged to me that he/she/they executed the same in<ll1^er/th§ir authorized capac'Fty(ies), and that by hje^erAhSTr 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. Place l>totary Seal Atxwe WITNESS my Signature OPTION A Though tfie information below is not required by law, it may prove valuable to persons relying on </»© document and could prevent fraudulent removal arKi leattachment of this form to another document. Description of Attached Document Title or Type of Document: _ Document Pate: _ Signer(s) Other Than Named Above: Number of Pages: Capacity(ies) Ciaimed by Signer(8) Signer's Name: /^yvU L^ Au^ f;,£il—individual • Corporate Officer —Title(s): • Partner—• Limited • General • Attorney in Fact • Trustee • Guardian or Consen^ator • Other: Signer Is Representing: RIGHTTHUMBPRINT OFSIGNER Top of thumb here Signer's Name: • individual • Corporate Officer—Title(s): • Partner — • Limited • G6neral • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHT THUr.lBPRirjT OF SIGNER Top of thumb here eg007NaMoMi WotMV AMOriatlnn*8350 tie Soto AMB..P.O.Boit2402»Chateworlh.CA 913ia-240e»www>lalionalNotag>toni Itam«sg07 RaordarCaUTOH-FCM 1-800-876-6827 GOVERNMENT CODE 27361.7 I CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE DOCUMENT TO WHiCH THiS STATEMENT IS ATTACHED READS AS FOLLOWS: Name of the Notary: ^nl^o.^ D Commission Number: /^^c^S? Date Commission Expires: 6^-//-/<y County Where Bond is Filed: Sar^ S/g^a Manufacturer or Vendor Number: (Located on both sides ofthe notary seal border) Signature: ( X ^ ^>r^ Citv of Carisbad Place of Execution: Office of the Citv Clerk/Citv of Carlsbad Date: /- 9- /</ Rec. Form #R10 (Rev.7/96)