Loading...
HomeMy WebLinkAboutPD 2023-0034; Guinn, Richard L. and Guinn, Jill S.; 2025-0223737; 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# 2025-0223737 111111111111 lllll 11111111111111111111111111111111111111111111111111111 Aug 14, 2025 10:36 AM OFFICIAL RECORDS JORDAN Z. MARKS, SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins: $0.00) PAGES: 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO. : 223-260-09-00 --------------PROJECT ID: PD 2023-0034 PROJECT NAME: 7500 Cadencia Street HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan {DWG 545-9A) 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) Richard L. Guinn and Jill S. Guinn, husband and wife as community property with right of survivorship, 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 damage to public 1 Q:ICED\Admin\B&AIPROJECTSIPD 2023-0034; GR2023-0041 -7500 Cadencia ADU_D.RIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 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\Admin\B&AIPROJECTSIPD 2023-0034; GR2023-0041 -7500 Cadencia ADU_D.RIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this ----'i'--_ day of VV..u..y ,20~ OWNER(S) RICHARD L. GUINN AND JILL S. GUINN, husband and wife APPROVED AS TO FORM: CINDIE MCMAHON City Attorney By A5Ji(f/i,~ City of Carlsbad Date: By : Date: Richard L. Guinn -Husband (print name and title) (sign here) Jill S. Guinn -Wife (print name and title) Mo-'i j (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\Admin\B&AIPROJECTSIPD 2023-0034; GR2023-0041 -7500 Cadencia ADU_D.RIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE§ 1189 ........ DPfflJOIJlffllJIPU ... ... A notary public or other officer corn pleting 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 } .. County of SC\.,V\. ~\L~o On b ,'N-1 ~ / '1-0'vS"'" before me, ------"'::..+---L-=----=:....i..=:---=--..::--=----i-J..L.\,->="---'-'1--+--'~=ax=--~ ?u)oll G Date Here Insert Name a d itle of the Officer personally appeared Q.-1V\A W".2 l-G l,,{&,Y\V\ 'f: :S\ \\ S.G:,lyv\. V\.V\ Name(s} of Signer(s} who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ls/are subscribed to the within Instrument and acknowledged to me that he/she/they executed the same In his/her/their authorized capaclty(les), and that by his/her/their slgnature(s) on the Instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the Instrument. f .............................................. 1 a ............. °KiRSTEt·4°BORGCiu°IST0 COMM. #2516421 NOTARY PUBLIC • CALIFORNIA ~ SAN DIEGO COUNTY N l Comnission Expiles Apr. os. 202e t ••••••A•••r•••.''•Y••••••••••••••• .. •AYw'°I•••• ... .._.,-, • .,• ..... •••••• .. ••-.,.••._._._,., I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph Is true and correct. WITNESS my hand and official seal. Place Notary Seal and/or Stamp Above Signature ~\:w,0 ~ Signature ofNotC1lyubl/c OPTIONAL Completing this information cC1n deter alteration of tile document or fmuclulent reattachment of t/J/s form to C/n unintended document. Description of Attached Document Title or Type of Document: __________________________ _ DocumentDate: ____________________ NumberofPages: ___ _ Slgner(s) Other Than Named Above: ______________________ _ Capaclty(les) Claimed by Slgner(s) Signer's Name: ___________ _ Signer's Name: ___________ _ □ Corporate Officer -Tltle(s): ______ _ □ Corporate Officer -Tltle(s): ______ _ □ Partner -o Limited o General □ Partner -□ Limited □ General □ Individual □ Attorney In Fact □ Individual o Attorney In Fact □ Trustee □ Guardian or Conservator □ Trustee □ Guardian or Conservator □ Other: □ Other: Signer Is Representing: ________ _ Signer Is Representing: ________ _ ©2019 National Notary Association 4 Q:\CED\Admin\B&A\PROJECTS\PD 2023-0034; GR2023-0041 -7500 Cadencia ADU_D.R\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 EXHIBIT "A" LOT 485 OF CARLSBAD TRACT 72-20 LA COSTA VALE, UNIT NO. 3, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 7950, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. EXCEPTING THEREFROM ALL MINERALS, MINERAL RIGHTS, OIL, OIL RIGHTS, NATURAL GAS, NATURAL GAS RIGHTS, PETROLEUM, PETROLEUM RIGHTS, OTHER HYDROCARBON SUBSTANCES, GEOTHERMAL STEAM, ALL UNDERGROUND WATER, AND ALL PRODUCT DERIVED FROM ANY OF THE FOREGOING, IN OR UNDER OR WHICH MAY BE PRODUCED FROM THE PROPERTY WHICH UNDERLIES A PLANE PARALLEL TO AND 500 FEET BELOW THE PRESENT SURFACE OF THE PROPERTY TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING AND OPERATING THEREFOR AND STORING IN AND REMOVING THE SAME FROM THE PROPERTY OF ANY OTHER LAND, INCLUDING THE RIGHT OF WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM LAND OTHER THAN THE PROPERTY, OIL, WATER, OR GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE PROPERTY, AND TO BOTTOM OF SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS, AND SHAHS UNDER AND BENEATH OF BEYOND OR THE EXTERIOR LIMITS THEREOF, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN, AND OPERATE ANY SUCH WELLS OR MINES, WITHOUT, HOWEVER, THE RIGHT TO DRILL, MINE, STORE, EXPLORE, AND OPERATE THROUGH THE SURFACE OR THE UPPER FIVE HUNDRED (500) FEET OF THE SUBSURFACE, AS RESERVED IN THE DEED FROM DAON CORPORATION, A DELAWARE CORPORATION RECORDED JANUARY 20, 1982 AS FILE NO. 82-016443 OF OFFICIAL RECORDS. APN: 223-260-09-00 3