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Home My WebLink AboutPD 03-03; Lee, Garry & Evelyn; 2003-1486884; Hold Harmless Agreement/ReleaseDOC # 20034486884 RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 ASSESSOR'S PARCEL NO. PROJECT NO. & NAME: 21 5-491 -08-00 PD 03-03 Lee Residence OFFICIAL KCORBS SAN DfEGO MKBSTY RECORDER'S OFFICE FEES: 0.00 GREGORY J. sim COUNTY RECORDER SPACE ABOVE THIS LINE FOR RECORDER'S USE HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 410-4A) for development to occur on property described as Lot 83 of Carlsbad Tract No. 75-4 La Costa Estates North, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 8302, filed in the Office of the County Recorder of San Diego County, May 5, 1976, more particularly described as (APN No. 21 5-491-08-00), and other good and valuable consideration, receipt of which is hereby acknowledged, I/(We) Garry and Evelyn Lee, 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 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 1 H:/Developrnent SewciesfMasterdBonds 8, Agreemen WHold Harmless Agt Geological Failure Rev. 12/08/98 c 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 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 +*day of NaWb ,2095 PROPERTY OWNERS Garry and Evelyn tee, Husband and Wife as Garry Lee, Husband (print name and title) Date: I/-- c, q-Q 3 By: EvHyn Lee, Wife (print name and title) Date: // -0 ./- (3 3 APPROVED AS TO FORM: RONALD R. BALL City Attorney of execution by SUBDIVIDER must be attached (Chairman, president or vice-president and secretary, assistant secretary, CFC 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.) 2 H:/Development Servcies/Masters/Bonds & AgreemnWHold Harmless Agt Geological Failure Rev. 12/06/98 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT On before me, the undersigned, a Notary Public in and for said State personally 0 Personally known to me 0 proved to me on the basis of satisfactory evidence to be the perso@ whose name is-subscribed to the within instrument and acknowled ed to me that hekhe-xecuted the same in his/her&authorized capacitm, and that by hislherm signatureon the instrument the persow or the entity upon behalf of which the perso-cted, executed the instrument. my hand and offical seal. i I\ J '- - -re of Notary (This area for official notarial seal) 0.v T\.kL Name (Typed or Printed) Capacity Claimed by Signer Individuaa 0 Corporate Officer(s) - Title(s) 0 Partner(s) 0 Attorney-ln-Fact 0 Trustee(s) Description of Attached Document This certificate must be attached to the document described below: Title or type of document n!d- -- Q ,\/\+ - CY~- o-X-Gki\.u ages '2 Date of Document 1 \ . c\ I 05 - Signer@) Other than Named Above 0 GuardianlConservator 0 Other: Signer is Representing: Name of person(s) or Entity(ies) ATTENTION NOTARY Although the information requested above is optional, it could prevent fraudulent attachment of this certificate to another document. SAV-191A (3194)