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HomeMy WebLinkAboutPD 08-03; Vanderpol, Eugene M and Jenny L; 2009-0689900; Hold Harmless Agreement/ReleaseDOC# 2009-0689900 RECORDING IS REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 DEC 14, 2009 3:10 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE DAVID L. BUTLER, COUNTY RECORDER FEES: 0.00 PAGES: SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 215-440-11-00 PROJECT ID: PD 08-03 PROJECT NAME: VANDERPOL RESIDENCE RELATED PROJECT ID: DWG 457-6A HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 457-6A) for development to occur on property more particularly described As attached Exhibit A, and other good and valuable consideration, receipt of which is hereby acknowledged, l/(We) EUGENE M. VANDERPOL and JENNY L. VANDERPOL as Trustees of THE EUGENE AND JENNY VANDERPOL 2006 TRUST, dated January 27, 2006, 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 2ny subsequent damage that may occur on or adjacent to this subdivision due to its construction, operation or maintenance. No permit was issued by the City prior to the commencement or completion of grading activity shown on the plan. No inspection by the City of the grading activity shown on the plan was performed. No registered soils engineer or geologist was retained by the owner to supervise the grading activity shown on the plan. No building permit shall be issued by the City for construction within the area of grading activity shown on the plan unless and until a registered (civil/geotechnical) engineer of the State of California submits, and the City approves, a soils report certifying the soil condition suitable for the permitted use. Reference is made to the "Special Note" on DWG 457-6A. Approval of the plans or permits, or inspection of any work done pursuant to those plans 1 H \Development Services\PROJECTS\PD FILES\PD 08\PD 08-03 Vanderpol Residence - BobbetUB & A\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE MODIFIED.doc 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 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 lo 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 i/Hfp*-g41 , 20 C?\. OWNER(S) By: (sign here) EUGENE M. VANDERPOL, TRUSTEE (print name and title) Date: By: (sign here) JENNY L. VANDERPOL, TRUSTEE Date: (print name and title) 3/30/01 APPROVED AS TO FORM: RONALD R. BALL City Attorney Deputy City Attorne HADevelopment Services\PROJECTS\PD FILES'vPD 08\PD 08-03 Vanderpol Residence - Bobbett\B & AMHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE MODIFIED.doc EXHIBIT A 4 LOT 690 OF LA COSTA MEADOWS UNIT NO. 4, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 7357, FILED IN THE OFFICE OF THE COUNT* RECORDER OF SAN DIEGO COUNTY, JULY 13, 1972. EXCEPTING THEREFROM THAT PORTION OF SAID LOT LYING WITHIN THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 25, TOWNSHIP 14 SOUTH, RANGE 4 WEST, A 1/16TH OF ALL COAL, OIL, GAS AND OTHER MINERAL DEPOSITS WITHOUT THE RIGHT TO THE USE OF THE SURFACE, INCLUDING ITS RIGHT TO ENTER SUCH LANDS TO A DEPTH OF 500 FSST BELOW THE SURFACE THEREOF. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On Date personally appeared "t> 1 before me, Here Insert Name and Title of the Officer Name(s) oTSigner(s) STEPHEN E. SHAW COMMJ1781738 „, NOTARYKIBIIC-CAUFORNW UJSAN DIEGO Couurr .MY COMM. Ex?. Nov. 23.20111 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) 4s/are subscribed to the within instrument and acknowledged to me that £e/she/they executed the same in Ns/rrerr/their authorized capacity(ies), and that by htatrer/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. Place Notary Seal Above WITNESS a Signature OPTIONAL and official seal. 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(s) Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact EL Trustee D Guardian or Conservator D Other: _ Signer Is Representing: _ RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer's D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact QCTrustee D Guardian or Conservator D Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 9131 3-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll-Flee 1-800-876-6827 H:\Development Services\PROJECTS\PD FILESVPD 08\PD 08-03 Vanderpol Residence - BobbeWB & A\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE MODIFIED.doc