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Home My WebLink AboutCDP 2017-0043; Francis, Mark; 2018-0041560; 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# 2018-0041560 111111111111 lllll 111111111111111111111111111111111111111111111 IIII IIII Feb 01 , 2018 09:36 AM OFFICIAL RECORDS Ernest J Dronen burg, Jr , SAN DIEGO COUNTY RECORDER FEES $101.00 (SB2 Atkins $75.00) PAGES 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 215-070-51-00 f'Zi~ PROJECT ID: _C_D_P_2_0_1-7--0-04_3 ____ _ ~ PROJECT NAME: Francis Residence HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 507-5A) 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) Mark D. Francis, 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 r.ot 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 improvements caused by any geological failure referred to in this agreement 1 \\FILES01V\Departments\CED\LandDev\PROJECT-5\CDP\CDP2017\CDP2017-0043-Francis Residence -Chua\B & A\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE doc 01/25/13 I '7 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 /II Ill Ill Ill Ill Ill 2 \IFILES01V\DepartmentslCED\LandDev\PROJECTS\CDPICDP2017\CDP2017-0043-Francis Residence-Chua\B & AIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 IN WITNESS WHEREOF, /6 hi day of ,7)1 /V l//1 (7' APPROVED AS TO FORM: CELIA BREWER City Attorney By nel~ RON KEMP Assistant City Attorney City of Carlsbad the undersigned has executed this instrument this , 20d. OWNER(S) Mark D. Francis, an unmarried man By:~ =--· --~~ (sign here) Mark D. Francis (print name and title) Date: I bw I I ( By: (sign here) (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.) 3 \IFILES01V\Departments\CED\LandDev\PROJECTSICDPICDP20171CDP2017-0043-Francis Residence-Chua\B & AIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 ~--------------------------------- A notary public or other officer completing tl1is 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 ~a Co for-acb County of __ Ll P~o ) On -1liw_LLi _______ before me, ---~<l, ~ __ "]r_e__'~ooi Nr;(/}A'{ Pv161.u.-- Date ,_ ~-""+,}ere Insert Name and Ti'rre the Officer personally appeared iMa.v ~ ::w ~cis fvame(s) of Signer(s) 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, ANGELICA TREJO NOTARY PU8UC STATE OF COLORA00 NOTARY ID 20164039308 MY COMMISSION EXPIRES OCTOBSI 19, IMO Place Notary Seal Above 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 nz=oftici I seal. / / ,,-- SI gnat u re tc;•----;.-;,'-----------:;,-o/----- ---------------OPTIONAL--------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: _____________ Document Date: _______ _ Number of Pages: ____ Signer(s) Other Than Capacity(ies) Claimed by Signer(s) Signer's Name: _________ _ D Corporate Officer -Title(sJ: ___ _ D Partner -D Limited u General D Individual D Trustee D Attorney in Fact D Guardian or Conservator lJ Other: ______________ _ Signer Is Representing: _________ _ Named Above: _____________ _ Signer's Name: ____________ _ [J Corporate Officer -Title(s): ~-----___________ _ Q Partner -D Limited D General u Individual D Attorney in Fact C Trustee LJ Guardian or Conservator 1 Other: Signer Is Representing: _________ _ 1112014 National Notary Association• www.NationalNotary,org • 1-800-US NOTARY (1-800-876-6827) Item #5907 4 \\FILES01\/\Departments\CED\LandDev\PROJECTS\CDP\CDP2017\CDP2017-0043-Franas Residence Chua\B & A\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 LEGAL DESCRIPTION Order Number: DIV-5470027 Page Number: 5 Real property 1n the City of Carlsbad, County of San Diego, State of California, described as follows: PARCEL A: PARCEL 1 OF PARCEL MAP NO. 20J!80, 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, APRIL 26, 2011. PARCEL B: AN EASEMENT FOR INGRESS AND EGRESS OVER THAT PORTION OF PARCEL 3 OF PARCEL MAP NO. 19411, TN 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, JANUARY 23, 2004 SHOWN AND DELINEATED ON SAID MAP AS INGRESS-EGRESS EASEMENT TO THE CITY OF CARLSBAD. PARCEL C: A VIEW CORRIDOR EASEMENT OVER THE NORTHERLY 90.27 FEET OF PARCEL 2 OF PARCEL MAP NO. 20880, 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, APRIL 26, 2011. APN: 215-070-51-00 First American Title Page 5 of 14