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HomeMy WebLinkAboutPD 08-11; CATALONA, KRISTINA/WOLL, DONALD AND PHYLISS; 2011-0464479; Hold Harmless Agreement/ReleaseDOC 8 2011-0464479 Kip 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 SEP 08, 2011 924AM OFFICIAL RECORDS 7545 SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 0.00 PAGES: 3 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 255-240-26 PROJECT ID: PD 08-11 PROJECT NAME: Santa Fe Sonata Slope Repair RELATED PROJECT ID: DWG 462-3A HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 462-3A) for development to occur on property more particularly described as Lot 55 of Carlsbad Tract No. 90-4-2, Tierra Santa Fe Unit No. 2, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 13144, filed in the office of the County Recorder of San Diego County on September 16, 1994, and other good and valuable consideration, receipt of which is hereby acknowledged, We Kristina Catalona, an unmarried woman, and Donald Woll and Phyllis Woll, husband and wife, as joint tenants, the owners 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 H:\Development Services\PROJECTS\PD FILES\PD 08\PD 08-11 Santa Fe Sonata Slope Repair - BobbethB & A\PD 08-11 Hold Harmless Geologic-Catalona Woll 081210.doc 7546 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 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 of /-* , 20//? (sign here* Kristina Catalona APPROVED AS TO FORM: RONALD R. BALL City Attorney Deputy City Attorney Date: By: Date: By: Date: (sign here) Donald Woll — / o (sign here) Phyllis Woll H:\Development Services\PROJECTS\PD FILES\PD 08\PD 08-11 Santa Fe Sonata Slope Repair - BobbetttB & A\PD 08-11 Hold Harmless Geologic-Catalona Woll 081210 doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 7547 State of Qalifornia County of before personally appeared~^bJ*U> who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/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. 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