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HomeMy WebLinkAboutCDP 2022-0008; Martin, Pamela Kaye; 2024-0127708; 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# 2024-0127708 111111111111 lllll 111111111111111 lllll 111111111111111111111111111111111 May 21, 2024 02:58 PM OFFICIAL_ RECORDS JOR['A~l 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. : 155-221-05-00 --------------PROJECT ID: CDP 2022-0008 0iS \?\ PROJECT NAME: _M_a_rt_in_R_es_i_de_n_c_e ______ _ HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 544-4) 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) Pamela Kaye Sullivan Martin, Trustee of The Pamela Kaye Sullivan Martin Living Trust, dated January 10, 2019, as to an undivided 50% interest and John Dean Martin, Trustee of The John D Martin living Trust, dated January 10, 2019, as to an undivided 50% interest as tenants in common, 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 1 Q:ICED\Admin\B&A\PROJECTS\CDP 2022--0008; ROW2023-0709; GR2023-0033 -Martin Residence_N.F\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01125113 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 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 Ill Ill Ill Ill Ill 2 Q:ICED\Admin\B&AIPROJECTSICDP 2022-0008; ROW2023-0709; GR2023-0033 -Martin Residence_N.FIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25113 IN WITNESS WHEREOF, the undersigned has executed this instrument this 2.--day of HD:::\ . 201..->f APPROVED AS TO FORM: CINDIE MCMAHON City Attorney , Senio As 1stant City Attorney City of Carlsbad Pamela Kaye Sullivan Martin, Trustee of The Pamela Kaye Sullivan Martin Living Trust, dated January 10, 2019, as to an undivided 50% interest and John Dean Martin, Trustee of The John D Martin Living Trust, dated January 10, 2019, as to an undivided 50% interest as tenants in common By:--P~~ (sign here) Pamela Martin -Trustee (print name and title) Date: By: John Martin -Trustee (print name and title) Date: .s [z. \ 2-0&'"" (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:ICED\Admin\B&AIPROJECTS\CDP 2022-0008; ROW2023-0709; GR2023-0033. Martin Residence_N.FIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identtty ofthe individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. Date personally appeared Name(s) of Signer(s) and Title of the Officer A-4 -$H;"V ~l'J/"n.,-.. 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 hQiehe/they executed the same In hlwlwr/thelr authorized capaclty(les), and that by hls.llilef/thelr slgnature(s) on the Instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the Instrument. • a n :a ... ~ ... ~ ·~~;-~.;;. R08ERT D. \11\SS t ~· :(~ t -~{-COMf\'l W(L/i~J!?,4 fii ~ ![.ii,; ; NOTAR't PUBl-.lC-CAUFORNIA ~ \\~~ SAN DIEGO COUNTY ~--•• • My Comm Exp,reo June 1', _ 2026 Place Notary Seal and/or Stamp Above I certify under PENAL TY 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 doc1:J!f2nt Description of Attached Document /✓/4 ~-/4..[r ~.,,,..,_, _____ __,_,_,r- Tltle or Type of Document: (Sq,.,. /19rc:.,~ , h4/~~--< DocumentDate: 5-2.---z..... i--¥' r NumberofPages: y Slgner(s) Other Than Named Above: -~z'V:~-~/-----------------~ Capaclty(les) Clal..t.:? by Slpner(~: -------A1 Signer's Name: l¼-,'~ ~n .,,.,,...,-Signer's Name:~Je.P /,c_;..,, ///a/' 17 .,._., □ Corporate Officer -Title(s): _______ □ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General □ Partner -□ Limited □ General □ lndlv ual □ Attorney In Fact □ Individual □ Attorney In Fact □ Guardian or Conservator ~ee □ Guardian or Conservator □ Other: Signer Is Representing: _________ _ ©2019 National Notary Association 4 Q:ICED\Admin\B&AIPROJECTSICDP 2022-0008; ROW2023-0709; GR2023-0033. Martin Residence_N.FIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ANO IS DESCRIBED AS FOLLOWS: Lot 5 of Buena Vista Gardens, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 2492, filed in the Office of the County Recorder of San Diego County, August 4, 1948. APN: 155-221-05-00