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Home My WebLink AboutPD 2020-0034; Harbor Pointe Homeowners Association; 2021-0239640; Hold Harmless Agreement/ReleaseDOC# 2021 -0239640 11111 l 1111 II II 111111111111 1111 Mar 29, 2021 08:52 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER RECORDING IS REQUESTED FEES: $0.00 (SB2 Atkins: $0.00) FOR THE BENEFIT OF THE CITY OF CARLSBAD PAGES: 6 WHEN RECORDED MAIL TO: City Clerk 0 -TY OF CARLSBAD 1200 CarlsbE.d Village Dr. Carlsbad, CA. 92008 SPACa A,ROVE 11-412 FOR Ric.,CCIRDRR'S USE ASSESSOR'S PARCEL NO.: 214-494-55 . PROJECT ID: PD2020-0034 PROJECT NAME: Harbor Pointe S!ope Repair HOLD HARMLESS AGREEMEIVI GEOLOGOCAL FAILURE In consideration of the City's approval of a grading plan (DWG 526-9A) 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) Harbor Pointe Homeowners Association, a California nonprofit mutual benefit corporation, 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 Q:\CED\LandDev\PROJECTS\PD\PD 2020 \ PD2020-0034 Harbor Pointe Slope Repair - McLaughlin \ B&At.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, /// III III III III III III III II/ II/ III 2 QACEDILanODev‘PROJECTS1PDIPD 202011.02020-00.14 Harbor Pointe Slope Repair - McLaughlin1BEA1HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25113 By: (sign here) IN WITNESS WHEREOF, the undersigned has executed this instrument this Rit'ilay of -3 -& irt , 2062. OWNER(S) Harbor Pointe Homeowners Association, a California nonprofit mutual benefit corporation Sarin McGrath, President (print name and title) Date: By: (sign here) Keith Kaneko, Secretary (print name and title) Date: APPROVED AS TO FORM: CELIA BREWER City Attorney By: RON KEMP U \713 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 QACECALandDeAPROJECTSTDIPD 20201PD2020.0034 Harbor Pointe Slope Repair - McLaughlin BBAHOLO HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 yrc, St before me, Mtr-'1 8,14 tt"' KARA LOKER Notary Public - California z San Diego County Commission # 2269314 My Comm. Expires Dec 22, 2022 Place Notary Seal and/or Stamp Above OPTIONAL Signature of Notary Pul4i 0,7:2a14 )0._ 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: Signer's Name: 0 Corporate Officer — Title(s): 0 Corporate Officer — Title(s): 0 Partner — 0 Limited 0 General 0 Partner — 0 Limited 0 General 0 Individual 0 Attorney in Fact 0 individual 0 Attorney in Fact 0 Trustee o Guardian or Conservator 0 Trustee 0 Guardian or Conservator 0 Other: 0 Other: Signer Is Representing: 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. On who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) lisubscribed to the within instrument and acknowledgedC s that b6sWelOexecuted the same in hit? authorized capacity(les), and that by Vsaa‘ /the Ignature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. State of California 4"._.,.. , „ County of —.."'• v'-. t (7CS /Z-4 1 1 Date Here Ins ft Name and Title of the Officer personally appeared Bri 6 in /71)c r 4:14 Name(s) of Signer(s) nel<C ei• 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 if.)2019 National Notary Association 4 QMEDNLandDev1PROJECTS PDIPD 20201PD2020-0034 Harbor Pointe Slope Repair - McLaughlinIBM1HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date CAPACITY CLAIMED BY THE SIGNER O Individual (s) EJ Corporate Officer (Title) D Partner(s) O Attorney-in-Fact ▪Trustee(s) ▪Other wiiw.NotrtryClesses.corn 800-873-9865 CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT 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. ad(' rh c-- County of ccc'tIn On 01 —2 '2 I I before me, 10 P-ev- , ilo-te4r ft' (Here insert name and title of th officer) personally appeared 3ricio die6r ai-A aAle ( ape k(,) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) i*E"-- subscribed to the within instrument and acknowledged to me that ethiy executed the same in 1-#/hpttr authorized capacity(ies), and that by hi rtt5ir signature(s) on the instrument e person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 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. ( 24-2—Th KARA LOKER Notary Public - California San Diego County Commission # 2269314 My Comm. Expires Dec 22, 2022 Notarf Public Signature )12_'/.7 2-70700 — L (Notary Public Seal) INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California statutes regarding notary wording and, if needed, should be completed and attached to the document. Acknowledgments from other stales may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary law. •State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. •Date of notarization must he the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. •The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). •Print the name(s) of document signer(s) who personally appear at the time of notarization. •Indicate the coned singular or plural forms by crossing off incorrect forms (i.e. he/she/they, is /e) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. •The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area permits, otherwise complete a different acknowledgment form. •Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). •Securely attach this document to the signed document with a staple. State of •••....•••••S••• EXHIBIT "A" Lot D of Carlsbad Tract No. 83-29, Harbor Pointe Unit No. 1, in the City of Carlebad, County of San Mew), State of California. according to Map thereof No. 11196, filed in the Office of the County Recorder of San Diego County. RESERV/NG UNTO GRANTOR, its successors and assigns, together with the right to grant and transfer all or a portion of the same, as followa: All oil, oil rights, minerals, mineral rights, natural gas rights, and other hydrocarbons by whatsoever name known, geothermal steam and all products derived from any of the foregoing, that may be within or under the parcel of land hereinabove described, together with the perpetual tight of drilling, mining, exploring and operating therefor and storing in and removing the same from said land or any other land, including the right to whipstock or directionally drill and mine from lands other than those hereinabove described, oil or gas wells, tunnels and shafts into, through or across the subsurface of the land hereinabove described, and to bottom such whipstocked or directionally drilled wells, tunnels and shafts under and beneath or beyond the exterior limits thereof, and to re:drill, return:el., equip, maintain, repair, deepen and operate any such wells or mines without, however, the right to drill, mine, store, egplore and operate through the surface or the upper SOO feet of the subsurface of the land hereinabove deacribed.