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HomeMy WebLinkAboutPD 2018-0037; Ferri, Theodore and Elizabeth; 2019-0425478; Hold Harmless Agreement/ReleaseRECORDING 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 DOC# 2019-04254 78 1111111111111111I 111111111111111 lllll lllll lllll 11111111111111111111111 Sep 26, 2019 09: 11 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES $0.00 (S82 Atkins $0.00) PAGES 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 156-231-36-00 -----------PROJECT ID: PD 2018-0037 PROJECT NAME: Fern Residence HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 515-?A) 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, 1/(We) Theodore D. Ferri and Elizabeth A. Ferri, husband and wife, as joint tenants, 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 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 Q:ICED\LandDev\PROJECTS\PDIPD 2018\PD2018-0037 Ferri Residence -Levy\B & AIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 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. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill 2 Q:ICED\LandDev\PROJECTSIPDIPD 2018\PD2018-0037 Ferri Residence -Levy\B & AIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE doc IN WITNESS WHEREOF, the undersigned ~ dayof __ ~"""jo'f'--~~---·20~ has executed this instrument this APPROVED AS TO FORM: CELIA BREWER City Attorney By~ Lir RON KEMP Assistant City Attorney City of Carlsbad OWNER(S) By: • (sign here) Theodore D. Ferri, Husband (print name and title) Date: 7/J.,~ // j l I By: Elizabeth A. Ferri, Wife (print name and title) Date: 7/J.G, /11 (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.) 3 Q:ICED\LandDev\PROJECTSIPD\PD 2018\PD2018-0037 Ferri Residence -Levy\B & AIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CML CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California D County of Sa. t"\ ;e6 Q ) fl On JlAl't ~(,, )ot~ before me, ✓ lA, l:e ft,f jfer, No+(}.t"t rub 1,·L;- Date I I Here Insert Name and Title of the Officer personally appeared 1neo e,1 Of'e D. Fe ,-r,' A Name(s) of Signer(s) . Fee r; who proved to me on the basis of satisfactory evidence to be the perso~ whose name(s) i~ subscribed to the within instrument and acknowled~ to me that ~ executed the same in -Ai&A=le@l) authorized capacity~es), and that by ~signature(s) on tlie instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Place Notary Seal Above ---------------oPTioNAL--------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form)PN u1~in!9g lf'::!':;'/:~-0 0 f () )r) If -00 7 7 Description of Attached D°WL'i'!l't f-l_..m 11$ f 7-' _ a Title or Type of Document: ~c-o14i /'4-I h, I l..\,t"e..,_ Docu ent Date: ,) ~ ;) ()/-I Number of Pages: ___ Signer(s) Other Than Named Above: ~.....,_..__-P..;,c.,411<.1.1---+---.....-1- Capacity(ies) Claimed by Signer(s) rn ~ Signer's Name:-----------=~'---- □ Corporate Officer -Tltle(s)':..: ,....,,_,:::_ ____ _ □ Partner -□ Limited eneral □ Individual Attorney in Fact D Trust D Guardian or Conservator □ s Representing: ________ _ ©2014 National Notary Association• www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 Q \CEDILandDev\PROJECTSIPDIPD 2018\PD2018-0037 Ferri Residence -Levy\B & AIGRADING AND EROSION CONTROL CASH SECURITY.doc 4 Rev. 01125113 For APN/Parcel ID(s): 156-231-36 EXHIBIT "A" Legal Description Parcel 1 of Parcel Map No. 19086, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof filed in the Office of the County Recorder of San Diego County, October 30, 2002. Condition of Title Guarantee Cl TA Guarantee Form No. 28 (06/05/2014) Page 3 Printed 11.20.18 @ 05:02 PM CA-CT-FWDO-02180.055820-SPS-1-18-73718010913