HomeMy WebLinkAboutPD 2020-0017; Jack B. Reagan and Janis E. Loomis 1998 Trust; 2021-0276877; Hold Harmless Agreement/ReleaseDOC# 2021-0276877
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Apr 09, 2021 12:21 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.: 216-240-27
PROJECT ID: PD2020-0017
PROJECT NAME: Reagan ADU
HOLD HARMLESS AGREEMENT
GEOLOGICAL FAILURE
In consideration of the City's approval of a grading plan (DWG 525-5A) 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) Jack B. Reagan
and Janis E. Loomis, as trustees of the Jack B. Reagan and Janis E. Loomis 1998 Trust, dated
July 10, 1998, 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
damage to public improvements caused by any geological failure referred to in this agreement
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()ACED LandDe \APROJECTS1PD1PD 20201RD2020-0017 Reagan IOU - McLaughlin \ BRA\ HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE doc 01/25113
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.
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QACED1LandDev1PROJECTSIPMPD 20201PC/2020-0017 Reagan ADU - McLaughlinS&MHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.cloc 01/25/13
By:
(sign here)
Jack B. Reagan, Trustee
IN WITNESS WHEREOF, the undersigned has executed this instrument this
day of , 20a\ .
OWN E R(S)
Jack B. Reagan and Janis E. Loomis, as trustees of
the Jack B. Reagan and Janis E. Loomis 1998 Trust,
dated July 10, 1998
(print name and title)
Date: 3/-5- 1,;20 „2
(s n here)
Janis E. Loomis, Trustee
(print name and title)
Date:
APPROVED AS TO FORM:
CELIA BREWER
City Attorney
By:
TNON 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.)
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Q:NCEDIandDe‘APROJECTSIPDIPD 20201PD2020-0017 Reagan ADU - McLaughliMS&MHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13
TAM I HARELSON
Comm.# 2255466 in NOTARY PuBLIC•CALIFORNIA
SAN DIEGO COUNTY
Mr Comm. EXP. SEP 20 2022'4
ed
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:
DoLument Date:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer(s)
Signer's Name:
O Corporate Officer - Title(s):
O Partner - El Limited El General
ci Individual 0 Attorney In Fact
o Trustee 0 Guardian or Conservator
El Other:
Signer is Representing:
Number of Pages:
Signer's Name:
0 Corporate Officer - Title(s):
El Partner - 0 Limited 0 General
0 Individual o Attorney In Fact
o Trustee 0 Guardian or Conservator
0 Other:
Signer is Representing:
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
A notary pubficor other officer completing this certificate verifies only the identrty 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 tre. 0 1.4)610
On PACIA-C-1(.. 6-1A-7.2/2-1 before me, PC\ 41() Abia 9thi<-;
Dote Here Insert Name and Title of the Officer
personally appeared 1-C6
Name(s) bf 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.
Place Notary Seal and/or Stamp Above
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.,
Signature of Notary Public
C.2019 National Notary Association
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QACEDILandDe‘APROJECTSIPDIPD 2020IPD2020-0017 Reagan ADU - McLaughlin1B8AHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13
EXHIBIT "A"
THE LAND REFERRED TO HEREIN IS SITUATED IN THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
LOT 245 OF LA COSTA SOUTH UNIT NO. 3, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 6533, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY ON NOVEMBER 3, 1969.
ASSESSOR'S PARCEL NUMBER: 216-240-27-00