HomeMy WebLinkAboutNCP 2022-0002; Francisco, D. Fellipe and De Freitas, C. Patiane; 2023-0182650; 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# 2023-0182650
I 1111111111111111111111111 \\II\\ 11\111\11\ 11111 l\lll 11111111111111111\
Jul 13, 2023 10:13 AM
OFFICIAL RECORDS
JORDAN Z. MARKS,
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.: 206-192-01 -00 --------------(,. PROJECT ID: NCP 2022-0002 J)~\ PROJECT NAME: De Freitas Residence
HOLD HARMLESS AGREEMENT
GEOLOGICAL FAILURE
In consideration of the City's approval of a grading plan (DWG 540-SA) 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), Fellipe D.
Francisco and Patiane C. De Freitas trustees of The De Freitas Francisco Family Trust dated
March 11 , 2021 , 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
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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.
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IN WITNESS WHEREOF, the undersigned has executed this instrument this '2tt_ day of
,JtAne . 2o'1J;.
APPROVED AS TO FORM:
CIN DIE MCMAHON
City Attorney
By uu__~ RQNKEMp
Senior Assistant City Attorney
City of Carlsbad
OWNER(S)
Fellipe D. Francisco and Patiane C. De Freitas trustees of
The De Freitas Francisco Family Trust dated March 11,
2021
By:
Date:
By:
Date:
Fellipe D. Francisco -Trustee
(print name and title)
' (sign here)
Patiane C. De Freitas -Trustee
(print name and title)
ftlz,1 /z3
I
--------
(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.)
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EXHIBIT'A'
Lot 20 in Block E of Bellavista, in the City of Carlsbad, County of San Diego, State of California, according
to Map thereof No. 2152, filed in the office of the County Recorder of San Diego County, March 7, 1929.
APN: 206-192-01 -00
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identtty of the individual who signed the document
to which this certlflcate is attached, and not the truthfulness, accuracy, or validity of that document.
State of Callfor ,
County of
On JW\l. J
who proved to me on the basis of satisfactory evidence to be~h erson~ whose name~ \tl~'!!2.Scrlbed
to the within Instrument and acknowledged ~e that~ ey xecuted the same I~
authorized capac~). and that b~e~slgnature~ on e Instrument the person,W, or the entity
upon behalf of which the person~ acted, executed the Instrument.
~············ ~ ~~ .. .' ANTHONY VITTURELLI ( E
-',1; • • Notary Public • California f I certify under P NALTY OF PERJURY under the
i) San Diego County f laws of the State of California that the foregoing
y Commission# 2327149 -paragraph ts true and correct
My Comm. txpi!es May 2, 2024
Place Notary Seal and/or Stomp Above
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: ___ _
Slgner(s) Other Than Named Above: ______________________ _
Capaclty(les) Claimed by Slgner(s)
Signer's Name: ___________ _
o Corporate Officer -Tltle{s): ______ _ Signer's Name: ------,-------
□ Corporate Officer -Tltle(s): ______ _
□ Partner -□ Limited o General □ Partner -□ Limited □ General o Individual □ Attorney tn Fact □ lndlvldual □ Attorney In Fact
□ Trustee □ Guardian or Conservator □ Trustee □ Guardian or Conservator
□ Other: o Other: _____________ _
Signer Is Representing: ________ _ Signer Is Representing: ________ _
0 2019 National Notary Association
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