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Home My WebLink AboutMS 2024-0007; NOVAK, DOUGLAS E. AND DENISE M.; 2026-0060818; Hold Harmless Agreement/Release3/9/26, 9:00 AM 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 Batch 20742188 Confirmation DOC# 2026-0060818 111111111111 lllll 111111111111111111111111111111111111111111111 IIII IIII Mar 05, 2026 08:55 AM OFFICIAL RECORDS JORDAN Z. MARKS, SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins: $0.00) PAGES:5 Recorded for the benefit of a government agency SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 205-020-10-00 ------------PROJECT ID: MS 2024-0007 PROJECT NAME: Novak Property-Pine Ave HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 552-9A) 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) Douglas E. Novak and Denise M. Novak, Trustees of The Novak Family Trust dated September 14, 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 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. https://gs.secu re-erds.com/Batch/Confirmation/207 42188 9/12 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 2..C::, day of -+-'~~~~~,---' 201:{, APPROVED AS TO FORM: CINDIE K. MCMAHON City Attorney By: _c=------,.j~~---=~==---------,... C. Dalton Sorich Assistant City Attorney . City of Carlsbad Date: _~/~7✓/2_Z_dJ..-b __ DOUGLAS E. NOVAK AND DENISE M. NOVAK, Trustees of The Novak Family Trust dated September 14, 2006 By: Douglas E. Novak -Trustee (print name and title) Date: ~ {~<o [ U1--~ By: (sign here) Denise M. Novak -Trustee Date: (print name and title) #-/d-4 /~ 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. State of California County of SAN DIEGO on February 26, 2026 before me HELEN GALLAGHER, NOTARY PUBLIC '-------------------(insert name and title of the officer) personally appeared Douglas E. Novak and Denise M. Novak 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 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. (Seal) eeesoeee~ HELEN GALLAGHER Notary Public • ulifornia z San Oi~o County ~ Commission II 2507304 • y Comm. Expires Dec 19, 2028 For APN/Parcel ID(s)_:_ 205-020-10-00 EXHIBIT "A" Legal Description THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: THE SOUTHEASTERLY 213 FEET OF LOT 12 IN SUBDIVISION OF TRACTS 114 AND 120 OF CARLSBAD LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 174.4,_FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 3, 1923. TOGETHER WITH THAT PORTION OF THE NORTHERLY 10 FEET OF PINE AVENUE AS VACATED, ADJOINING SAID LOT 12 ON THE SOUTH.