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Home My WebLink AboutMS 14-11; Mathis, Dennis and Robin; 2021-0092314; Hold Harmless Agreement/ReleaseDOC# 2021-00923 1 4 111101 DIII 11111 DIII 11 111111 1101 1 1111 11111 liii11111 1111 HMI Feb 05, 2021 03:31 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins: $0.00) RECORDING IS REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD WHEN RECORDED MAIL TO: PAGES: 5 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: 223-170-65-00 MS 14-11 Mathis Residence Parcel 3 SFD HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 498-1B) 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), Dennis C. Mathis and Robin I. Mathis, Trustees or their Successors in Trust of the Mathis Living Trust dated September 24, 2005, 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 alCEDILandDev1PROJECTS1MSIMS 141MS 14-11 Mathis Levante Subdivision - Rick1Bonds and Agreorncntsla3WG 498-18 Mathis Residence ParceL 3 SFD 138,A1HOLD HARMLESS AGREEMENT GEOLOGICAL FAILNRE.doc 91/25/13 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. /// Q:NCEDILandDetAPROJECTS1MStN1S 141MS 14-11 Mathis Levante Subdivision - Rick%Bonds and AgreementsiDWG 498-1B Mathis Residence ParceL 3 SFD B&AtHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01125/13 By: (sign here) By: RON KEMP Assistant City Attorney City of Carlsbad IN WITNESS WHEREOF, the undersigned has executed this instrument this r-7 day of ;Dt.'c)--t---extft bef- , 20 OWNER(S) Dennis C. Mathis and Robin I. Mathis, Trustees or their Successors in Trust of the Mathis Living Trust dated September 24, 2005 Dennis C. Mathis, Trustee (print name and title) Date: ° By: ( (sign here) Robin I. Mathis, Trustee (print name and title) Date: C[. c APPROVED AS TO FORM: CELIA BREWER City Attorney (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 ()ACED LandDeviiPROJECTSMIMS 141MS 14-11 Mathis Levante Subdivision - RicklHonds and AgreementsiDWG 498-1B Mathis Residence ParceL 3 SFD B&M-IOLD HARMLESS AGREEMENT GEOLOGICAL FAILLIRF.doc 01/25/13 • - my own's*. Ex*" 09/17,2021 sus Place Notary Seal and/or Stamp Above Signature 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: DocumentDate: Signor(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: o Corporate Officer — Title(s): O Partner — 0 Limited o General O Individual ci Attorney in Fact o Trustee 0 Guardian or Conservator 0 Other: Signer is Representing: Number of Pages: 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: CALIFORNIA 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 S On CI 1 1 51 Z before me, -H 11 , K7m )1 PCL •Date Here Insert Name and Title of the Officer personally appeared DN( 5 IATtt 5 /41,4) 1.3 Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) [see subscribed to the within Instrument and acknowledged to,rne that he/shek§:y executed the same In his/herd:per_ authorized capacitylis and that by hls/herittigirsignature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. temssrasussiessessransttemausessit HUY NOANO LE G▪ O COMM. A2214837 NOTARY PUBLIC - CALIFORNIA 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. 02019 National Notary Association 4 QACED‘LandDev1FROJECTSIMSWIS 141,MS 14-11 Mathis Levante Subdivision - RickSonds and Agreements1DWG 498-16 Mathis Residence ParceL 3 SFD 138,AIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL 3 OF PARCEL MAP 21392, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON SEPTEMBER 16, 2016 AS DOCUMENT NO. 2016-7000398 OF MAPS. APN: 223-170-65-00