Loading...
HomeMy WebLinkAboutPD 2018-0027; Gee, Charles and Dee Ann; 2020-0685817; Hold Harmless Agreement/ReleaseDOC# 2020-0685817 111 1111111111111 111111 II III l I 1111111111111111 Nov 04, 2020 10:00 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., 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.: 207-063-24-00 PROJECT ID: PD2018-0027 PROJECT NAME: Gee Residence HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 520-3A) 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) Charles P. Gee and Dee Ann Gee, trustees, under The Charles P. and Dee Ann Gee Family Trust dated October 17, 1998, 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 improvements caused by any geological failure referred to in this agreement 1 QACED\LandDev\ PROJECTS \PD \PD 2018 \P02018-0027 3800 Alder Ave Dedication- Giessen \Bonds and Agreements\ HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 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 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 a \CED \ LandDe0 PROJECTS \PD \PD 2018 \PD2018-0027 3800 Alder Ave Dedication- Giessen\ Bonds and Agreements\ HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 Olday of AU. 0-01- , 20 OWNER(S) Charles P. Gee and Dee Ann Gee, trustees, under The Charles P. and Dee Ann Gee Family Trust dated October 17, 1998 By: (sign herd) Charles P. Gee, Trustee (print name and title) Date: itl-u 3/, 7 7 c) By: ct)N,L2_,tr-iatra (sign here) Dee Ann Gee, Trustee (print name and title) Date: APPROVED AS TO FORM: CELIA BREWER City Attorney RON KEMP Assistant City Attorney City of Carlsbad (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: \ GED\ LandDev\ PROJECTS \PD\PD 2018 \PD2018-0027 3800 Alder Ave Dedication- Glassen \Bonds and Agreements \HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 WITNESS my hand and official seal. Signature Signature of Notary Public CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 Ammo A notary public or other officer completing this certificate verifies only the id entity 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 el9D n st QQ2D before me, 2CAVa Car-db ifSainrCk Date Here Insert Name and Title of the Officer personally appeared C YVAV , P. t•-51 PC , 15) 12,42- Name(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(les), 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. On ZARA CARDOSO BARRERA Notary Public California San Diego County Commission #2282151 My Comm. Expires Mar 21, 2023 Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph Is true and correct. 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 DocumentDate: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: 0 Corporate Officer — Tltle(s). 0 Corporate Officer — Title(s): O Partner — 0 Limited 0 General a Partner — 0 Limited 0 General O Individual 0 Attorney In Fact o Individual 0 Attorney In Fact o Trustee 0 Guardian or Conservator 0 Trustee 0 Guardian or Conservator o Other: o Other: Signer Is Representing: Signer Is Representing: ©2019 National Notary Association 4 Q: \ CED \ LandDev \PROJECTS \ PD \PD 2018 \PD2018-0027 3800 Alder Ave Dedication- Giessen \Bonds and Agreements/HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: LOT 9 OF CARLSBAD HIGHLANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2647, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 18, 1950. EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE CITY OF CARLSBAD BY DEED RECORDED AUGUST 14, 1969, AS FILE NO. 148705 OF OFFICIAL RECORDS.