HomeMy WebLinkAboutPD 01-01; St. Amour, Frank & Dorothy; 2001-0642287; Hold Harmless Agreement/ReleaseRECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA. 92008
I
DOC # 2001-0642287
SPiCE ABOVE THIS LINE FOR RECORDER’S USE
SEP 07s 2001 I=22 PM
8653
ASSESSOR’S PARCEL NO. 216-61 l-1 2-00
PROJECT NO. 81 NAME: PD 01-01
St. Amour Residence
HOLD HARMLESS AGREEMENT
GEOLOGICAL FAILURE
In consideration of the City’s approval of a grading plan (Dwg. No. 393-2A) and
improvement plans (Dwg. No.393-2A) for development to occur on property described as Lot
264 of the City of Carlsbad Tract 85-35, Aviara Phase I Unit “D” in the City of Carlsbad, County
of San Diego, State of California, according to map thereof No. 12412, filed in the Office of the
County Recorder of San Diego County, June 29, 1989, more particularly described as (APN
No. 215611-12-00), and other good and valuable consideration, receipt of which is hereby
acknowledged, I/(We) Frank and Dorothy St. Amour, Husband and Wife as Community
Property, 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
1
Masters/Foms/Hold Harmless Agt Geological Failure Rev. 1 ZOW98
. 8654
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
to insure slope stability to the satisfaction of the City Engineer. The owners agree to repair any
I//
Ill
/II
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Masters/Forms/Hold Harmless Agt Geological Failure Rev. lzmm
,
c 8655
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
--/JL ,2o&yo
PROPERTY OWNERS
Frank and Dorothy St. Amour, Husband and Wife as
Frank St. Amour, Husband
(print name and title)
Dorothy St. Amour, Wife
(print name and title)
Date: y7zhP/
APPROVED AS TO FORM:
RONALD 4. BALL
(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/Form/Hold Harmless Agt Geological Failure Rev. 12hmm
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of 53 n B t-0 ss.
On J&IV Ib,aool , beforeme, -HIP, ~M~,+v’s~cuIQ~
/ Date’ Name and Title of Q&&r (e.g., “Jane Doe, Notary Public’)
personally appeared Fc-8 S-t. Arnnu~ and b~roi-b s+. ~rm~r ,
Name(s) of Signer(s) /
0 personally known to me
B proved to me on the basis of satisfactory
evidence
the same in
-I capacity(ies), and
to be the person(s) whose name(s) i@
subscribed to the within instrument and
acknowledged to me that he/shmexecuted
his/berm authorized
that by his/her-
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
Place Notary Seal Above
WITNESS my hand and official seal.
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 Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer’s Name:
0 Individual
Z Corporate Officer - Title(s):
0 Partner- 0 Limited 0 General
0 Attorney in Fact
q Trustee
Cl Guardian or Conservator
0 Other:
Signer Is Representing:
Top of thumb here
0 1999 Natnnal Notary Association * 9350 DB Sata Ave.. P.O. Box 2402 *Chatsworth, CA91313-2402 * w.nationalnotary.org Prcd. No. 5907 Reorder: Call Toll-Free t-800-876-6827