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Home My WebLink AboutHMP 16-03; Manantan, Alejandro and Ludwina; 20160646691; 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# 2016-0646691 llllllllllllll/lllllllllllllllllllllllllllllllllllllllllllllllllllllll Nov 28, 2016 12:08 PM OFFICIAL RECORDS Ernest J. Dronenburg Jr SAN DIEGO COUNTY RECORDER FEES $0.00 PAGES 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: -:=:2::-:15=-=-4.:..:6=70-:-072.=:-0-=0-:-::--:-:----~~ PROJECTID: _H_M_P_1_6~-0~3/_P_D~1_6_-1_1 __ _ ~ PROJECTNAME: ~M~a~n~a~n~ta~n~R~e~s~id~e_nc~e~----- HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 493-9A) 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) Alejandro Manantan and Ludwina Manantan, 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 1 I\FILES01V\Departments\CED\LandDev\PROJECTS\HMPIHMP 16\HMP 16-03 Manantan Residence-R1ck\Bonds and Agreements\HOLD HARMLESS AGREEMENT GEOLOGICAL 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. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill 2 \IFILES01V\Departments\CED\LandDev\PROJECTSIHMPIHMP 16\HMP 16-03 Manantan Residence-Rick\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this -----~.!....:...,_l_day of Nove!Y\ b.er APPROVED AS TO FORM: CELIA BREWER City Attorney By• )[JflJ. Of- lffuNi<EMP Assistant City Attorney City of Carlsbad 20 Jv '-· OWNER(S) Alejandro Manantan and Ludwina Manantan, husband and wife, as joint tenants By: L(!_ -~..~Jve /{If. tvv~~·£._ _____ (sign here) Alejandro Manantan, husband and wife, as joint tenants (print name and title) Date: By: (sign here) Ludwina Manantan, husband and wife, as joint tenants (print name and title) Date: l/-11-d....o!~ (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 IIFILES01V\Departmenls\CED\LandDev\PROJECTS\HMPIHMP 16\HMP 16-03 Mananlan Residence-R1ck\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or otl1er officer completing tl1is certificate verifies only the identity of tl1e 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 ~ t/ '1 O~t-t t:- 1'-1 I On ncvef'V!kr II ?/J h beforeme. {j}!r· c-6\.IA.Ifb>]);\_\' ndL'i){ p~,.t;lt'(.. Date Her7 Insert Name and Title of the Officer personally appeared Lfl.l.CI'-"'e=-)Ll'-'-t Y1'--'-"'U-'r_.c"--_:_tn___c.c.t_.::n:....:...=C1_,_Yf-'--'t_<,_t t?-=--_..____.,i=---=-v_,v:...) t."'"-""t'-'"'~'tL--~f11__,_,4"'-'-''·1:_:.cc(_:_n,_·-'-1~:c:'-'"-'l __ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the persor@:Whose nam$} i¢'3re subscribed to the within instru~and acknowledged to me that ~s~/they executed the same in ~~r/their authorized capacit 1es d that by ~~er/their signature@l)n the instrument the persor@) or fhe entity upon behalf of whic the person~cted, executed the instrument. Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature k -~~-, Signature of Notary Public ----------------------------OPTIONAL---------------------------- Though this section is 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: ____ Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ____ _ Signer's Name: 0 Corporate Officer -Title(s): ______ _ 0 Corporate Officer -Title(s): ______ _ 0 Partner - 0 Limited D General D Partner - 0 Limited 0 General 0 Individual 0 Attorney in Fact 0 Individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Trustee 0 Guardian ot· Conservator D Other: D Other: ______ -----------· ______ _ Signer Is Representing: _________ _ Signer Is Representing: ______ _ @2014 National Notary Association • www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 4 IIFILES01V\Departments\CED\LandDev\PROJECTSIHMPIHMP 16\HMP 16-03 Manantan Res1dence-R1ck\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 EXHIBIT "A .. Legal Description For APN/ParceiiD(s)f 215-4GO-o2-oo Lot 7 40 of La Costa Meadows Unit No. 4, in the City of Carlsbad, County of San Diego, State of California, according to Map the~eof No. 7367, filed in the Office of the County R~corder of San Diego County, July 19, 1972.