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Home My WebLink AboutSDP 2023-0016; Brooking, Eric B - Trustee of the Eric B. Brooking Trust; 2026-0129731; Hold Harmless Agreement/Release5/7 /26, 11 :38 AM 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 Batch 21102979 Confirmation DOC# 2026-0129731 111111111111 lllll 111111111111111 lllll lllll lllll lllll 111111111111111111 May 07, 2026 08:41 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.: 211-060-06-00 ------------PROJECT ID: SOP 2023-0016 PROJECT NAME: Premier Cadillac HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 549-lA) 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), Eric B. Brooking, Trustee of the Eric B. Brooking Trust Dated June 10, 2014, 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.secure-erds.com/Batch/Confirmation/21102979 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 _ _.3'-'i::.=---day of 1.};...-.<J-'J ,20 2.'-. OWNER(S) ERIC B. BROOKING, Trustee of the Eric B. Brooking Trust Dated June 10, 2014 By: Eric B. Brooking -Trustee (print name and title) Date: (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.) APPROVED AS TO FORM: CINDIE K. MCMAHON City Attorney By: C. Dalton Sorich Assistant City Attorney City of Carlsbad CALIFORNIA ALL-PURPOSE CERTIFICATE OF 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 the document. State of California County of San Diego On January 30 , 2026, before me, Nicholas Espinosa , Notary Public, personally appeared Eric R Brooking , who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their signature on the instrument the person, or the entity upon behalf of which the person 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. WITNESS my hand and official seal. (Seal) ooeooeeof NICHOLAS ESPINOSA Notary Public• California I San D1f90 County Commission II 2528073 - y Comm. Expires Jul 25, 2029 EXHIBIT A LOT 9 OF CARLSBAD TRACT NO. 72-3, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 7492, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 30, 1972.