HomeMy WebLinkAboutCDP 2017-0001; Pritchard Family Trust; 2018-0142313; Hold Harmless Agreement/ReleaseRECORDING IS REQUESTED
FOR THE BENEFIT OF ,:HE CITY
OF CARLSBAD
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA. 92008
DOC# 2018-0142313
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Apr 10, 2018 04:18 PM
OFFICIAL RECORDS
Ernest J. Dronen burg, 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.: 210-032-01-00 ------------PROJECT ID: CDP 2017-0001
PROJECT NAME: Pritchard Residence
HOLD HARMLESS AGREEMENT
GEOLOGICAL FAILURE
In consideration of the City's approval of a grading plan (DWG 506-5A) 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) Robert S.
Pritchard and Catherine A. Pritchard, trustees of The Pritchard Family Trust dated July 8, 2011,
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
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FAILURE.doc 01/25/13
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.
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6 {'-~~WITNESS WHEREOF, the ur,rsigned
. UJl rday of _fl.__~_, ...... b'------' 20 .
has executed this instrument this
APPROVED AS TO FORM:
CELIA BREWER
City Attorney
OWNER(S)
Robert S. Pritchard and Catherine A. Pritchard,
trustees of The Pritchard Family Trust dated July 8,
2011
(sign here)
Robert S. Pritchard, Trustee
(print name and title)
Date: 2/J.t 1/
By:
(s·
Catherine A. Pritchard, Trustee
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.)
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FAILURE.doc 01/25/13
CALIFORNIA ALL-PURPOSE 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 So~, :b1e30
On 'r'do -z_(. ' LO l"t before me. _,_~~~~~~l~~·c_o~--+-~U~C~1_t-_cA_+-_,_~(i~b~l_:_c ____ _ I Date Here Insert Name and le of the Officer
personally appeared ~l_..,.c~s\~Y\_e_, _; r'\L~_~A~~Y_,~\~\-~c_'v~\c_"'~·,1~c~;..~:v~,~--~-o_b_e~'t_t-~· _:3~-P~r_: t_c.._\,_-,_c_, '~~
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) )s/are
subscribed to the within instrument and acknowledged to me that p(e/~/they executed the same in
i;l-1s/t)er/their authorized capacity(ies). and that by t;ii's/¥r/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, executed the instrument.
Description of Attached Document
I certify under PENAL TY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
Title or Type of Document: ------------~ Document Date: ________ _
Number of Pages: ___ Signer(s) Other Than Named Above: _____________ _
Capacity(ies) Claimed by Signer(s)
Signer's Name: ____________ _ Signer's Name:------------~
D Corporate Officer -Title(s): ______ _ D Corporate Officer -Title(s): ______ _
D Partner -D Limited D General D Partner -D Limited D General
D Individual D Attorney in Fact D Individual D Attorney in Fact
D Trustee D Guardian or Conservator D Trustee D Guardian or Conservator
D Other: _______________ _ D Other: ______________ _
Signer Is Representing: _________ _ Signer Is Representing: _________ _
@2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907
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FAILURE.doc 01/25/13
EXHIBIT 'A'
LEGAL DESCRIPTION OF REAL PROPERTY
Real property in the City of Carlsbad, County of San Diego, State of California, described as follows:
LOT 21, AS SHOWN ON THAT CERTAIN MAP ENTITLED TERRAMAR UNIT NO ONE, WHICH MAP WAS
FILED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP NO 2696, FILED ON 9/6/1950.
APN: 210-032-01-00
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