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Home My WebLink AboutCDP 2022-0062; Gary C Cruse and Debra J Cruse; 2024-0217277; 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# 2024-0217277 1111111111111111111111111111IIII 1111111111 lllll lllll 111111111111111111 Aug 15, 2024 11 :22 AM OFFICIAL RECORDS JORDAN Z MARKS SN-J DIEGO C:JUNTY RECORDE:R FEES $0 00 (S82 Atkins. $0 00) PAGES 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO. : 206-012-02-00 --------------PROJECT ID: CDP 2022-0062 PROJECT NAME: 3912 Garfield Street HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 546-2A) 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, I/(We), Gary C. Cruse and Debra J. Cruse, husband and wife as Joint Tenants, 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 to the satisfaction of the 0: CED\Admin\B&A PROJECTSICDP 2022-0062; RDW202~0832: GR2023-0043-3912 Garfield Street L.OIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01125113 - 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 Ill 2 0: CED\Admin\B&A.PROJECTSICDP 2022--0062; ROW202~0832; GR2023-0043 -3912 Garfield Street L.OIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01125113 - IN WITNESS WHEREOF, the undersigned has executed this instrument this _·_\_°'--day of :r '-' "-\ , 20 1,,'\_ ' - APPROVED AS TO FORM: CINDIE MCMAHON City Attorney Sern Assistant City Attorney City of Carlsbad OWNER(S) GARY C. CRUSE AND DEBRA J. CRUSE, husband and wife as Joint Tenants By: ~~--- Gary C. Cruse -Husband as Joint Tenant (print name and title) Date: t \ \'\ \ ·ur-z..'-\ By: ---&fign here) Debra J. Cruse -Wife as Joint Tenant (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 Q: CED\Admin\B&A PROJECTSICDP 2022-0062; ROW2023-0832; GR2023-0043 -3912 Garfield Street L.O\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01,2s,13 - CALIFORNIA ACKNOWLEDGMENT CIVIL CODE§ 1189 7 ■■-71%177 779■■■■77■■■ RN■7M■■Ql77777 11■■■■■7 77711F•■WZAAAAAMWZAAAAAAl A notary public or other officer completing this cert~icate verifies only the identity ofthe individual who signed the document to which this cert~icate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of _fc;,~_p_: g.5 J__ } _j On .. en/' t:=r_/ L0"l,,'1 before me,Oc..11.117 AleJr....-tdvo ~'c..2,~~ fvJ,1, ~ Date Here Insert Name and Title of the Officer personally nppcmed __ Cr0_-01L~~v:_t<}_ ____ /)~"i?...,.J:_L~C<!.f}?, ----~------- Namc(s) of Signcr(s) who proved to me on the basis of Sfltlsfactory evidence to be the person(s) whose nflme(s) is/fire subscribed to the within Instrument nnd acknowledged to me that he/she/they executed the Some In his/her/their authorized capaclty(ies), nnd that by his/her/their sign.itum(s) on the instrument the person(s), or the entity upon behalf of which the person(s) ncted, executed the Instrument. ~A:Y:LE:AN~R;Dl:z e f Notary Public • California ~- San 0ifiO County ~ Commission II 2'116974 ~ My Comm. Expires Sep 20, 2026 Place Notary Seo/ and/or Stamp Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing pmagraph is true ,md correct WITNESS my hand and official seal. Signature Signature of Notary Public 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:------------------------~- 1 Document Date: Number of P,1gcs: Slgner(s) Other Than Named Above: Capaclty(les) Claimed by Slgner(s) Signer's Name: ____ ------·-··---·-··· __ Signer's Name: ____ .. ______________ _ o Corporate Officer -Title{s): □ Corporate Officer -Title(s): o Partner -□ Limited o Genernl o Partner -o Limited o Genernl □ Individual o Attorney In Fact o Individual o Attorney In Fact D Trustee o Guardian or Conservator □ Trustee o Guardian or Conservator o Other: o Other: Signer is Representing: Signer Is Representing: •'.2019 National Notary Association 4 0: CED\Admin\B&A PROJECTSICDP 2022-0062; ROW2023-0832: GR2023-0043 • 3912 Garfield Street l.OIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01125113 - EXHIBIT 'A' LEGAL DESCRIPTION Real property in the City of carlsbad, County of San Diego, State of california, described as follows: LOT 2 IN BLOCK "L" OF PALISADES, IN THE QTY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1747, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 5, 1923 APN: 206-012-02-00