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HomeMy WebLinkAboutCDP 2019-0032; Love, Corey and Hope; 2020-0778292; Hold Harmless Agreement/ReleaseDOC# 2020-0778292 II II II II It II ii III 1111 It I III It I It'll Dec 04, 2020 02:57 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins: $0.00) PAGES: 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 207-385-20-00 PROJECT ID: CDP2019-0032 PROJECT NAME: Telescope House aka Love Residence HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 525-3A) 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) Corey Love and Hope Love, husband and wife as community property, 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 \CED landDev \ PROJECTS \ CDP \CDP2019 \CDP2019-0032 Telescope House - Chua \B & A\ HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 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 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. HI /// III III III III IH III III III III III III III III III III HI III HI III /// 2 Q:\CED\LandDev\PROJECTS\CDP\CDp2O19\CDp2019Q032 Telescope House - Chua \B & A\ HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this 20 day of 0 (AV kOe.Ar , 2020. OWNER(S) Corey Love and Hope irove, husband and wife as community property (sign here) Corey Love, Husband, Owner (print name and title) Date: 10/doi;Zo 0 By: -e -?toLL (sign here) Hope Love, Wife, Owner (print name and title) Date: loiao/ aoac) APPROVED AS TO FORM: CELIA BREWER City Attorney By: RON KE P 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.) PLEASE SEE 7N ATTACHMENT 3 QACED\ LandDev \ PROJECTS \CDP \CDP2019\CDP2019-0032 Telescope House - Chua & A \ HOLD HARMLESS AGREEMENT GEOLOGICAL FAILLIRE.doc 01/2503 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(les) Claimed by Signer(s) Signer's Name: 0 Corporate Officer — Title(s): 1:9 Partner — 0 Limited 0 General 0 Individual ID Attorney In Fact o Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: Signer's Name: 0 Corporate Officer — Title(s): O Partner — 0 Limited 0 General O Individual 0 Attorney in Fact O Trustee 0 Guardian or Conservator 0 Other: Signer is Representing: Place Notary Seal and/or Stomp Above Signature Signature of Notary Public CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public o r other officer completing this certificate verifies only the identity of the ind ividual who sig ned the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Cal(tprnla County 1 9q(1 D t e,9 o On 10 / 2072_020 before me, Date personally appeared Cerey Love g )15-fqL Cul-ter ) natetry It/e,c Insert Name and title of the Officer oee Love, Name(s)of Signer(s) 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 he/she/they executed the same in his/her/their authorized capacIty(les), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the Instrument. FL) Notui•ui ic Ccnifomia an 'fiego :ounty urn i 1981 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. 9 O 311191901911118181111 ©2019 National Notary Association 4 \ CED \LandDev \PROJECTS \CDR CDP2019 CDP2019-0032 Telescope House - Chua B & A1HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01125/13 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 6 OF CARLSBAD TRACT NO. 82-5A, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THERE OF NO. 10925, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. APN: 207-385-20-00