HomeMy WebLinkAboutHDP 02-03; Stephens, Kevin; 2003-0458839; Hold Harmless Agreement/ReleaseRECORDING REQUESTED BY
WHEN RECORDED MAILTO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA. 92008
DOC # 2003-0458839
APR 213 2003 4~51 FM
OFFICIN. KEClJRN SftN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. %ITHI M)uKTY riEcoRDER FEES: 0.00
SPACE ABOVE THIS LINE FOR RECORDERS USE
ASSESSOR'S PARCEL NO. 216-19048-00
PROJECT NO. & NAME: HDP 02-03
La Costa South Unit No. 6, Lot 154
HOLD HARMLESS AGREEMENT
GEOLOGICAL FAILURE
In consideration of the City's approval of a grading plan (DWG 408-2A) for development
to occur on property, described as Lot 154 of La Costa South Unit No. 6, in the City of
Carlsbad, County of San Diego, State of California, according to Map thereof No. 61 17, filed in
the office of the County Recorder of San Diego County, June 5, 1968, and more particularly
described as (APN No. 21 6-190-48-00) other good and valuable consideration, receipt of which
is hereby acknowledged. I, Kevin F. Stephens, 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
H:/Developmnt ServciedMasterslBonds & Agreements/Hold Harmless Agt Geological Failure Rev. 12/06/98
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
PROPERTY OWNERS
Kevin F. Stephens
(print name and title)
By:
(sign here)
(print name and title)
Date:
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
By:
Deputy 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@)
signing to bind the corporation.)
2
H:/Development Servcies/Masters/Bonds & AgreementslHold Harmless Agt Geological Failure Rev. 12/08/98
. } SS.
State of California
County of %fi
Name and Title of Officer (e g , "Jane Doe, Notary Public")
On 0 \ - 23- 03 , before me, Date
N&e(s) of Signer@) personally appeared &LI\~ F E~o~c~Y
wersonally known to me
0 proved to me on the basis of satisfactory
evidence
to be the person(S3/whose namew islaw
subscribed to the within instrument and
acknowledged to me that he/shdt&ey executed
the same in his/her/their authorized
capacity(iM and that by his/h&their
signature(6on the instrument the personw or
the entity upon behalf of which the person@$
acted, executed the instrument.
Wmmy hand and official seal.
Place Notary Seal Above
OPTIONAL
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
Title or Type of Document:
Document Date: \ - 23 -O3 Number of Pages: 3
Signer@) 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
0 Attorney in Fact
0 Trustee
0 Guardian or Conservator
Other:
Signer Is Representing: I
0 1999 National Notary Association * 9350 De Soto he., P.O. Ekx 2402 Chatsworth, CA 91313-2402 * w.national"otary.~g Prod. NO. 5907 Reorder: Call Toll-Free 1-800-876-6827