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Home My WebLink AboutCT 89-13; Ferrero Trust & Spirtos Trust; 2001-0060093; Hold Harmless Agreement/ReleaseRECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 DOE sL 2001-0060093 (p@bFm 013 2001 1:53 PM OFFICIAL REalRDS SAN DIEW iifH!NY fUURDER’S OFFICE GREGORY &ilITH~ CL!fTYJWRDER . . . llll~lll~llll~lll~ll~~ll~lll~lRAlll 2001-0060093 ~ SPACE ABOVE THIS LINE FOR RECORDER’S USE ASSESSOR’S PARCEL NO. 207-I 01-01-00 PROJECT NO. & NAME: CT 89-13 The HamDtons HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City’s approval of a grading plan (Dwg. No. 391-3A) and improvement plans (Dwg. No. 391-3) for development to occur on property described as Portion of Lot “I” Ranch0 Aqua Hedionda per Map 823 more particularly described as (APN No. 207- 1 01-01-00), and other good and valuable consideration, receipt of which is hereby acknowledged, We, Mary Ferrero, Successor Trustee of the Nino and Lea Ferrer0 Family Trust under agreement dated April 24, 1984; and Jack N. Spirtos and Penelope Spirtos, Trustees under trust agreement dated April 13, 1984, the owners 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 MasferdFons/Hold Harmless Agt Geological Failure Rev. izm8198 6657 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 B-+-+-’ day of .&&Z&‘&X- ,20=. Mary Ferrero, Succe&ur%ustee (Print Name and Title) Date: /A - 8-d& Jack N. Sbirtos. Trustee of 411311984 Trust Aareement (Print Name and Title) Date: / L --;f;- - By:Q&:J+ /(Sign Here) Penelope Spirtos, Trustee of 4/l 311984 Trust Agreement APPROVED AS TO FORM: Date: , L /$ -(%$ Name and Title) RONALP R. BALL Dep)lty City Attorney (Proper notarial acknowledgment of execution by SUBDIVIDER must be attached) (Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.) I Masters/Forms/Hold Harmless Agt Geological Failure 2 R&. 12/08/99 - 6658x State of California Los l+fw4cm County of > SS. On &J%&W%,~@, beforeme, &nh &, dm% @&cc , Date personally appeared Name and Title of bfficer (e.g., “Jan&de, Notary Public’) wr* g&h3 u ’ , Name(s) of Signer(s) Ve @ proved to me on the basis of satisfactory evidence to be the personw whose namefcS I aq subscribed to the within Q instrumen and acknowledged to me thaH+e@/t&y executed the same in 9 her h& authorized capacity+& and t by W@‘their signature(+on the instrument the person@ or the entity upon behalf of which the person@+ acted, executed the instrument. Place Notary Seal Above nd and official seal. / Signature of Notary Public Though the information below is not required by law, if 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: &I\d ~~wr\-e.&S A$$awwt &&@3l $il’lbc Document Date: Qt.&&n* $p?m Number of Pages: 2 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer’s Name: 0 Individual 0 Corporate Officer - Title(s): 0 Partner - [I Limited 0 General 0 Attorney in Fact Cl Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: 0 1997 Nabonal Notary Association * 9350 De Soto Ave.. P.0 Box 2402 * Chatsworth, CA 91313-2402 Prod. No 5907 Reorder Call Toll-Free l-800-876-6827 - CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California LQspMqetes County of 1 ss. On &&i%‘t&‘$j ,!%3Xl , before me, Date ’ l&ma && dotutq ibbk , Name and Title of Officer (e.g., “Jane Do&dJotary Public”) personally appeared Name(s) of Signer(s) Place Notary Seal Above My known to rrF2 wproved to me on the basis of satisfactory evidence acknowledged to me thathe/ the same the entity upon behalf of which the persoB acted, executed the instrument. WITNESS my-lpand and gfficial seal. Signature of Notary Pubk 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: k)\d %cin k% s Document Date: rmb- 8,w 5 mluti~-~l ii&t Number of Pages: z Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer’s Name: 0 Individual 0 Corporate Officer - Title(s): 0 Partner - 0 Limited 0 General q Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: 0 1997 National Notary Assowation - 9350 De Soto Ave. P.0 Box 2402 * Chatsworth, CA 91313.2402 Prod. No. 5907 Reorder: Call Toll-Free l-800-876-6827