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HomeMy WebLinkAboutPC 14-39; Timothy Milligan and Jerilyn Millgan; 2014-0497216; Hold Harmless Agreement/Releasei RECORDING IS REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD WHEN RECORDED MAILTO: City Clerk CITY OF GARLSBAD 1200 Carlsbaci Village Dr. Carlsbad.CA. 92008 DOCtt 2014-0497216 lllllllllllllllllllllllllllllllllllllllllllllllllli NOV 14, 2014 11:04 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 0.00 PAGES: 4 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO. PROJECT ID PROJECT NAME RELATED PROJECT ID: 206-160-03 PC 14-39 4178 Highland Dr. (MILLIGAN REMODEL) CDP 14-19 HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a building plan (PC 14-39) for development to occur on property more particularly described as (see attached, Exhibit "A"), and other good and valuable consideration, receipt of which is hereby acknowledged, l/(We), Timothy Milligan and Jerilyn Milligan, husband and wife as community property with right of survivorship, the owner(s) of said property promise to indemnify and to hold the City of Carlsbad, its officers, agents and employees harmless from Ilability 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. It is agreed that the above owners will maintain all slopes and landscaping in a manner 1 J:V14 BUILDING PLANCHECK\PC140039CS\LDE\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE CDP 14-19.doc 01/25/13 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 J:V14 BUILDING PLANCHECK\PC140039CS\LDE\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE CDP 14-19,doc 01/25/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this day of , 20 . OWNER(S) Timothy Millig husband and wife^ a of survivorship < , By: n and Jerilyn Milligan, ity property with right Timothy Milligan, husband Date: (print name and title) (sign hen Jerilyn Milligan, wife Date: (print name and title) APPROVED AS TO FORM: CELIA BREWER City Attorney By:. ?ON 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.) J:V14 BUILDING PLANCHECK\PC140039CS\LDE\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE CDP 14-19,doc 01/25/13 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of } on k\[kjf U, 20H before me AMMC<^ I^JM/^., 1^0^ Fl^bl I — — —Date ' Here Insert Name and THIe of the Officer ^ J personally appeared _ AMANDA J.RASCOE COMM. #2042307 NOTARY PUBLIC-CALIFORNIA o SAN DiEGO COUNTY My Comm. Expires 09^1/2017 who proved to me on the basis of satisfactory evidence to be the person(s) whose name{s)48/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 California that the foregoing paragraph is true and correct. WITNESS my Place Notary Seal Atiove Signature OPTIONAL - Though the information beiow is not required by iaw, it may prove vaiuable to persons relying on the document and couid prevent frauduient removai 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 5igner(s) Signer's Name:. • Individual • Corporate Officer — Title(s): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGt^ER Top of thumb here Signer's Name: • Individual • Corporate Officer — Tit|e(s): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here ©2007 National Notary Assodation-9350 De Soto Ave., P.O.Box 2402 •Chatsworth, CA 91313-2402 •viwwr.NationalNotary.oig Item #5907 Reorder: Call Toll-Free 1-800*76-6827 J:V14 BUILDING PLANCHECK\PC140039CS\LDE\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE CDP 14-19doc