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Home My WebLink AboutPD 2020-0050; Sullivan, Maureen K.; 2021-0612417; Hold Harmless Agreement/Release-f I RECORDING IS REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbadl, CA. 92008 DOC# 2021-0612417 I llllll lllll lllll lllll llll llllll llllllll HI HI 111111"111111111 Aug 27, 2021 04:52 PM OFFICI AL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00 (S82 Atkins: $0.00) PAGES: 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: -'2=-=5=5-'-1...;;.5;;:..2-..:;,;02=--------- PROJECT ID: PD2020-0050 PROJECT NAME: Colinas De Oro Slope Repair HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (OWG 528-3A) 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, I/We Maureen K. Sullivan Trustee of The Maureen K. Sullivan Trust dated June 6, 2012, the owner(s) of said property, promise to indemn ify 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 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 0 ICED\l.andOov\PROJECTSIPOIPO 20201P02020-0050 CoUnas Oc Oro• MCl.aughllnl8&Al7925 Calle Sen FolipelHOLD'tlARMLESS AGREEMENT GEOLOGICAL FAILURE-owM" OOC 01/251i 3 Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill 2 O:\CEOILandOt\/lPROJECTSIPOIPO 2020\P02020·0050 Cohnas Oe Oro· McLaughlin\B&A\7925 Calle San FelipelHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE-owners doe 01125113 IN WITNESS WHEREOF, the undersigned has executed this instrument this \o day of ~~ ,20~. APPROVED AS TO FORM: CELIA BREWER City Attorney By: lil{lJ Qe RON KEMP 1 Assistant City Attorney City of Carlsbad OWNER(S) Maureen K. Sullivan Trustee of The Maureen K. Sullivan Trust dated June 6, 2012 By~~ Maureen K. Sullivan, Trustee (print name and title) Date: 1 1'1> Ii,, 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 O·\CEO\LandOevlPAOJECTS\PO\PO 2020\P02020.00SO Colona$ 00 Oro. MoLo<,Qhlh\B&A\7925 Cate San Feiipe\HOLO HARMLESS AGREEMENT GEOLOGICAL FAILURE•owneo doc 01125/13 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE§ 1r189 ...... ,-~ 11~tary ~u~;ic or ot he~-o~;ce~-~~-mplc~i~g-;~i~-certificalc ~~rill;~;~~ th~ kl ;n;ity of t11~ ;nd;id 1;/ll who s,gnc~ ;~~ ~~un1eot ~ which this certificate Is attached, and not tho truthfulness, accuracy, or validity of that doc1m1ent. who provc-d to m€l on the basis or satisfactory ovidcnco to be tho pcrson(s) whose nomo(s) lsl.:uc subsc1lbcd to tM within 11,strument and acknowledged to me that ho/she/they executed the scmc In hls/h<Hllholr outhorl?cd copnc1ty(1os). ond thnt by hls/her/lhelr slgnotwe(s) on the Instrument the person(s), or the entity upon behalf of which tho person(s) actod, executed the tns1rument. Piece Notory Soa/ ondtor Stomp Above I certify undor PENAL TY OF PERJURY under the laws of U10 StAte of CA~fornla that tho foregoing parogmph Is truo and correct. WITNESS my hnnd nndl offlctal seol. OPTIONAL · Comptct/119 mrs Information can doter alteration of the document or fraudulent reattachment of this form lo an unlntendecf document Description of Attached Documt~'\l J IA _. ,/li\_ l~d. ~ (1 (J)_ I l'tM A. l TIiie or Type of Document: __ t"ULO-~"""'----'-~.JC..;==-_.__._~~ ..... _...;;t}-+'-"-=...;~c:...;-...,.p,,,:.;(.A...A.....,--=---------- Document Dato: .. •• Nu moor of Pages: ___ _ Slgner(s) 011,01 Thon Named Above: ______________________ _ Capadty(les) C!.ilmed r(s) Signer's Nome: ____ __;.,__ _____ _ □ Comomte Officer - Signer's Nnme: □ Corporate Olflcor -Tltlo(s): ______ _ □ Partner -□ Limited □ Partner -□ Limited □ General □ lndlvldual o Individual o Attorney In Fact □ Trustee □ Trustee o Gumdion or Conservnlor □ Other: _____________ _ o Other: _____________ _ Signer Is Representing: ________ _ Signer Is Representing: ________ _ ..-.JCS£ C>2019 Notional Notory Associt1tlon 4 0 \CEOILanclOevlPROJECTSlr>OIPO 2020\PO2020-0050 Col n.(ls Oe Oro • McLaughlonlB&A\7925 Callo San Ftillpe\HOLD HARMLESS AGREEMENT GEOLOGICAL FArLURE-ow~ns dOC 01/25113 Exhibit "A" Legal Description LOT 7, OF CARLSBAD TRACT NO. 81-16, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, ST ATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. I 0898, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEOO COUNTY, APRJL 10, 1984. THIS DEED IS MADE AND ACCEPTED UPON THE COVENANTS, CONDmONS AND RESTRICTIONS SET FORTH IN THE DECLARATION OF RESTRICTIONS RECORDED JUNE 15, 1984, AS FILE NO. 84-226377 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER, SAN DIEGO COUNTY, CALIFORNIA, AND ANY AMENDMENTS THERETO NOW OF RECORD, ALL OF WHICH ARE INCORPORATED HEREIN av REFERENCE TO SAID DECLARA TJON WITH THE SAME EFFECT AS THOUGH FULLY SET FORTH HEREIN. A.P.N. 255• l 52--02-00