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HomeMy WebLinkAboutSDP 2018-0011; Gomez, Michael; 2020-0038913; Hold Harmless Agreement/Release( ,.,, \I~ ',-1 RECORDING 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# 2020-0038913 111111111111 lllll 11111111111111111111111111111111111111111111111111111 Jan 24, 2020 09:46 AM OFFICIAL RECORDS Ernest J Dronen burg, Jr , SAN DIEGO COUNTY RECORDER FEES $0.00 (S82 Atkins. $0 00) PAGES 8 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 204-084-05-00 ------------PROJECT ID: SDP 2018-0011 PROJECT NAME: Gomez Renovation HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 517-9A) 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, I Michael T. Gomez, a single man, the owner 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 Q:ICED\LandDev\PROJECTSIVIV2018\V2018-0006 Gomez Renovation -Rick\B & A\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 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 Q \CED\LandDev\PROJECTS\V\V2018\V2018-0006 Gomez Renovation -Rick\B & A\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this ____ day of ________ , 20_. APPROVED AS TO FORM: CELIA BREWER City Attorney OWNER(S) Michael T. Gomez, a single man By ~j~r~<»m,a-'i,tJ,::b Abigail Gomez, Attorney-in-fact (print name and title) Date: By: (sign here) (print name and title) Date: By: Ct i~ r_ ~cUd Zl7L J;c RON KEMP Assistant City Attorney City of Carlsbad (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\LandDev\PROJECTSIVIV2018\V2018-0006 Gomez Renovation -Rick\B & AIHOLD HARMLESS AGREEMENT GEOLOGICAL 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 c~_unty of ~n -V) t!.t'j /. OQJ'.l!YJWA,~ 7 au 3,{) before me, /1h at~ · Here Insert Name and Title of personally appeared frb:JtZL l (-cl r17t-' :Z.. Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the p~on(s) whose name(s).1sJare sub~ibed to the within instrument and acknowle~d to me that he&iJ/they executed the same in his@t/their authorized capacity(ies), and that by hi~/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Place Notary Seal Above I certify under PENAL TY 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~id/;__,_· -'·_,_"-"'_/4....,./4 ... ·:..c..XZ,_._,1L?'-'.'------- 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. ~escription of Attached Do,c;~TJ"~trmLfl.§ /Jc1irffmt:1,t/ (;·eulin) tt1J-ft.vl,,ife Title or Type of Document:Hc :I Document Date:.J'..~--------- Number of Pages: ___ Signer(s) Other Than Named Above: ____________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ____________ _ Signer's Name: ____________ _ □ Corporate Officer -Title(s): ______ _ □ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General □ Partner -□ Limited □ General □ Individual □ Attorney in Fact □ Individual □ Attorney in Fact □ Trustee □ Guardian or Conservator □ Trustee □ Guardian or Conservator □Other: _____________ _ □ Other: ______________ _ Signer Is Representing: _________ _ Signer Is Representing: _________ _ ©2014 National Notary Association• www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 4 Q ICED\LandDev\PROJECTSICnCT20181CT2018-0005 Village Walk· Carroll\Bonds and Agreements\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 EXHIBIT "A" LEGAL DESCRIPTION Order No.: 19-279978 THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: LOT 25 IN BLOCK 40 OF THE TOWN OF CARLSBAD AMENDED, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 775, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. APN: 204-084-05-00 WFG Fonn No. 3151600 CL TA Preliminary Report Form (06-05-14) Page 2 of 12 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: -Michael T. Gomez 3159 Madison Street Carlsbad, CA 92008-3085 NOTICE: THE POWERS GRANTED BY TIIlS DOCUMENT ARE BROAD AND SWEEPING. THEY ARE EXPLAINED IN THE UNIFORM STA TIITORY FORM POWER OF ATTORNEY ACT (CALIFORNIA PROBATE CODE SECTIONS 4400-4465). THE POWERS LISTED IN TIIlS DOCUMENT DO NOT INCLUDE ALL POWERS THAT ARE AVAILABLE UNDER THE PROBATE CODE. ADDmONAL POWERS AVAILABLE UNDER THE PROBATE CODE MAY BE ADDED BY SPECIFICALLY LISTING THEM UNDER THE SPECIAL INSTRUCTIONS SECTION OF nns DOCUMENT. IF YOU HA VE ANY QUESTIONS ABOUT THESE POWERS, OBTAIN COMPETENT LEGAL ADVICE. TIIlS DOCUMENT DOES NOT AUTHORIZE ANYONE TO MAKE MEDICAL AND OTHER HEALTH-CARE DECISIONS FOR YOU. YOU MAY REVOKE THIS POWER OF ATTORNEY IF YOU LATER WISH TO DO SO. I Michael T. Gomez residing at 3159 Madison Street Carlsbad, CA 92008-3085 appoint Abigail Gomez my Mother (relationship of Agent to Principal) residing at 4 765 Gateshead Rd. Carlsbad, CA 92010 as my agent (attorney-in-fact) to act for me in any lawful way with respect to the following initialed subjects: TO GRANT ALL OF THE FOLLOWING POWERS, INITIAL THE LINE IN FRONT OF (D) AND IGNORE THE LINES IN FRONT OF THE OTHER POWERS. PrimcLending-20I S (California) Page I of3 TO GRANT ONE OR MORE, BUT FEWER THAN ALL, OF THE FOLLOWING POWERS, INITIAL THE LINE IN FRONT OF EACH POWER YOU ARE GRANTING. TO WmnIOLD A POWER, DO NOT INITIAL TIIB LINE IN FRONT OF IT. YOU MAY, BUT NEED NOT, CROSS .OUT EACH POWER WITHHELD. INITIAL (A) Real property transactions. (B) Tangible personal property transactions. ~ A,__(C) Banking and other financial institution transactions. ~ (D) ALL OF THE POWERS LISTED ABOVE. YOU NEED NOT INITIAL ANY OTHER LINES IF YOU INITIAL LINE (D). SPECIAL INSTRUCTIONS: ON THE FOLLOWING LINES YOU MAY GIVE SPECIAL INSTRUCTIONS LIMITING OR EXTENDING THE POWERS GRANTED TO YOUR AGENT. Real property transactions including: 3159 Madison Street Carlsbad, CA 92008-3085 UNLESS YOU DIRECT OTHERWISE ABOVE, THIS POWER OF A TIORNEY IS EFFECTNE IMMEDIATELY AND WILL CONTINUE UNTIL IT IS REVOKED. This power of attorney will continue to be effective even though I become incapacitated. PrimcLcnding -2015 (California) Pagc2of3 I agree that any third party who receives a copy of this document may act under it A third party may seek identification. Revocation of the power of attorney is not effective as to a third party until the third party has actual knowledge of the revocation. I agree to indemnify the third party for any claims that arise against the third party because of reliance on this power of attorney. Signed this ] i ., day of {) G c.,,e O be/ .20 17 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. COUNTY OF J ( ~ \..; . § § § On 7 Qet,,~P,Jttl' , 20 J2 before me, >-5 b · f,., ere-ff A« Re:c J a Notary Public personally appeared Michael T. Gomez , who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of O!Hfmnia that the foregoing paragraph· is true and correct. ,,,, .. ,,,,, WITNESS my hand and official seal. 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