HomeMy WebLinkAboutPD 2024-0018; Sundberg, Brian S & Deborah S; 2026-0054113; Hold Harmless Agreement/Release2/26/26, 2:59 PM
RECORDING IS REQUESTED
FOR THE BENEFIT OF THE CITY OF
·cARLSBAD
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad VIiiage Dr.
Carlsbad, CA. 92008
Recorded for the benefit
of a government agency
Batch 20707069 Confirmation
DOC# 2026-0054113
111111111111 lllll 111111111111111111111111111111111111111111111 IIII IIII
Feb 26, 2026 02:26 PM
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. : 207-274-05-00 -------------PROJECT ID: PD 2024-0018
PROJECT NAME: Sundberg ADU • ___ ..;_ ________ _
HOLD HARMLESS AGREEMENT
GEOLOGICAL FAILURE
In consideration of the City's approval of a grading plan (DWG 549-7A) 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) Brian S. Sundberg and Deborah S.
Sundberg, Trustees of the Sundberg Living Trust, dated September 6, 2006, the owner(s) of said property
promise to indemnify and to hold the City of Carlsbad, its officers, agents and employees harml_ess 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 b.orne by the owner.
https://gs.secure-erds.com/Batch/Confirmation/20707069 3/10
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 ~/ if day of
1:F-U&V Af;>" , 20 ~
APPROVED AS TO FORM:
CINDIE I<. MCMAHON
City Attorney
By: _ _,,C=----~===-----~=--
c. Dalton Sorich
Assistant City Attorney
City of Carlsbad
Date: ~/2.5/zfJl,.l
BRIAN S. SUNDBERG AND DEBORAH S. SUNDBERG,
Trustees of the Sundberg Living Trust, dated September
6,2006
By~~~
. ~
Brian Sundberg -Trustee
(print name and title)
Date:
Deborah Sundberg -Trustee
(print name and title)
Date:
ACKNOWLEDGMENT
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.
, • .,,.,,-===~-,
I
State of California
County of SAN DIEGO
before me, _M_A_RY_K_C_O_L_LA_D_A_Y_, _N_O_TA_R_Y_PU_B_l_I_C __ _
(insert name and title of the officer)
personally appeared --l1..J...L.L~..L...::::::::2JW".1~12E~~~__u_-l.~LJJLU.~~.21.l~'::!.,2.!,;,L_~----
who proved to me on the basis of satisfactory ev· nee to be the person(s) whose na (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), orthe entity upon behalf of which the person(s) acted, executed the instrument
! certinJ under PEI\IAL 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. MJ\RY K. COLLADAY
Notary Pcbilc • Ca:ifornia
San Diego Count'/
commission# 2•188851
Comm. Expires /,pr 30, 2028
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EXHIBIT A
Legal Description
LOT 5 OF CARLSBAD TRACT NO. 80-1, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 9837, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, OCTOBER 16, 1980.