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HomeMy WebLinkAboutPD 2020-0027; Bray, Ted and Elaine and Feld, Richard and Cary; 2021-0092316; Hold Harmless Agreement/ReleaseDOC# 202 1-00923 1 6 11114111111M111111111111111i11111111 11111411 111111111111111 Feb 05, 2021 03:31 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins: $0.00) PAGES: 5 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 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: PROJECT ID: PROJECT NAME: 167-122-03-00 & 167-122-13-00 PD2020-0027 3481 Seacrest Drive Slope Rehabilitation HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 526-4A) 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) Ted R. Bray and Elaine A. Bray, husband and wife, as joint tenants and Richard David Feld and Cary Lynn Feld, Trustees of The Richard and Cary Feld Living Trust u/t/d March 3, 1992 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 QACEDILandDevitPROJECTSTDlPD 2020lPD2020-0027 3481 Seacrest Drive Slope Rehabilitation - Chua1138ANHOLD 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. III ffl ffl Ill II- ffl ffl ffl ffl ffl ffl ffl ffl 2 CIACEDlLandDev1PROJECTS\PDTD 20201PD2020-0027 3481 Seacrest Drive Slope Rehabilitation - Chua1138AHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this 1) 14" day of c.)6(., , 20..)0. OWNER(S) Ted R. Bray and Elaine A. Bray, husband and wife, as joint t nantsA By: Jo/0,1-r ( gn here) Ted R. Bray, Joint tenants (print name and title) Date: By: (./.2 t , (sign here) Elaine A. Bray, Joint tenants (print name and title) Date: Ytojz.c.) OWNER(S) Richard David Feld and Cary Lynn Feld, Trustees of The Richard and Cary Feld Living Trust u/t/d March 3, 1992 By: \aziDt--A, iST‘ • (sign here) Richard D. Feld, Co-trustee (print name and title) Date: - By: it, airo boLth-tC12, (print name and title) Date: t. APPROVED AS TO FORM: CELIA BREWER City Attorney By: 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.) III 3 ChlOECALandDev\PROJECTSWD1PD 20201PD2020-0027 3481 Seacrest Drive Slope Rehabilitation - Chuali158AAHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 (sign here) Cary L. Feld, Co-trustee 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: o Corporate Officer — Title(s)' o Corporate Officer — Title(s): O Partner — 0 Limited 0 General o Partner — 0 Limited 0 General O Individual 0 Attorney in Fact o Individual 0 Attorney in Fact O Trustee o Guardian or Conservator o Trustee 0 Guardian or Conservator o Other: 0 Other Signer is Representing. Signer is Representing: Signature Signature of Nor ttAary Public Place Notary Seal and/or Stamp Above CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary publicor other officer completing this certificate verifies only the identityof the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. before me, \I)C.V9 teo .eitql , ik/Ci Date Here psert Natfie and Title of the Officer personally appeared -re 4- rc thky e tk - brilt Ci(y L- re Nome(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 heMie/they executed the same in-histMr/thelr authorized capacity(les), and that *44s/4er/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. DOUGLAS DESJARDINS 7 COMM. #2319380 NOTARY PUBLIC-CALIFORNIA .01" , . / SAN DIEGO COUNTY MY COMM. EXPIRES JANUARY 19, 2924 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. ©2019 National Notary Association 4 QACED1LandDeVIPROJECTS1PDWD 202011)132020-0027 3481 Seacrest Drive Slope Rehabilitation - ChualiB&AIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 State of California County of :50)4 1)1 ifiyi on cbet,- 0-, A0o 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 83 AND 90 OF SEACREST ESTATES, UNIT NO. 2, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 4280, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 28, 1959. APN: 167-122-03-00 & 167-122-13-00