No preview available
HomeMy WebLinkAboutPD 2020-0007; Fukuda, Lane and Kelly; 2020-0685820; Hold Harmless Agreement/ReleaseDOC# 2020-0685820 II 1111111111 III! II 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.: 156-120-34-00 ( PROJECT ID: PD2020-0007 PROJECT NAME: Fukuda Addition HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 525-2A) 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), Lane Fukuda and Kelly Fukuda, trustees of the Fukuda Living Trust, Dated March 23, 2018, 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 \CED \LandDev\ PROJECTS \ PD \ PD 2020 \PD2020-0007 Fukuda Residence - Levy\ B&A \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. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /1/ /// /// /// /// /// /// 2 \CED \LandDev \ PROJECTS \ PD \PD 2020 \ PD2020-0007 Fukuda Residence - Levy \ B&ANHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 B • IN WITNESS WHEREOF, the undersigned has executed this instrument this ,9'54-1 day of 5 , OWNER(S) Lane Fukuda and Kelly Fukuda, trustees of the Fukuda Living Trust, Dated March 23, 2018 By: (sign here) Lane Fukuda, Trustee of Fukuda Living Trust, Dated March 23, 2018 (print name and title) Date: Kelly Fukuda, Trustee of Fukuda Living Trust, Dated March 23, 2018 (print name and title) Date: 9/ 9"C/D-090 APPROVED AS TO FORM: CELIA BREWER City Attorney By: 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: \ CED \ LandDev \ PROJECTS \PD\PD 2020 \ PD2020-0007 Fukuda Residence - Levy\ B&A\ HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 gnature of Notary Public Place Notary Seal and/or Stamp Above 4r4445.4 ittref..va Description of Attached Document Title or Type of Document certify under PENALTY OF PERJURY under the z laws of the State of Callfor hat the foregoing • —paragraph Is true an ' -A:WITNESS my h Sign and offcl seal. OPTIONAL Completing this information can deter aft ration qf the document or fraudulent reattachment of this form to a ' ed document. Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: 0 Corporate Officer — Title(s): O Partner — 0 Limited 0 General O Individual 0 Attorney In Fact O Trustee 0 Guardian or Conservator 0 Other: Signer is Representing: Signer's Name: 0 Corporate Officer — Title(s): O Partner — 0 Limited 0 General O Individual 0 Attorney In Fact o Trustee 0 Guardian or Conservator 0 Other: Signer is Representing: CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 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 4,11447iMP on 7-5 YO-141010.1---2'.1-1) Date personally appeared before me, birPeart 144' /*1- 1 Here Insert Name and Title of the Officer 1,414 !Yr t 10.4.444,— Name(s) of Signer(s who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)yare subscribed to the within Instrument and acknowledged to me that 0/sj4e/they executed the same in his/her/their authorized capacIty(les), and thaI by I4/hr/their signature(s) on the Instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ©2019 National Notary Association 4 Q:\CED \ LandDev \ PROJECTS \ PD \PD 2020 \ PD2020-0007 Fukuda Residence - Levy \ B&A\ HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 EXHIBIT "A" Legal Description For APN/Parcel liks): 156-120-34-00 PARCEL 3 OF PARCEL MAP NO. 4 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 11, 1966 AS FILE NO. 99165 OF OFFICIAL RECORDS. EXCEPTING ANY PORTION LYING WITHIN LAS FLORES, MORNING GLORY LANE AND HIGHLAND DRIVE AS SHOWN ON RECORD OF SURVEY MAP NO 6676, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY