HomeMy WebLinkAboutMS 2018-0006; Ianni Living Trust; 2021-0304367; Hold Harmless Agreement/ReleaseDOC# 2021-0304367
111111111111111111111111 111111111111111111
Apr 20, 2021 02:01 PM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES: S0.00 (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:
204-232-12-00
MS2018-0006
BREAKERS VIEW BEACH
HOMES
HOLD HARMLESS AGREEMENT
GEOLOGICAL FAILURE
In consideration of the City's approval of a grading plan (DWG 527-4A) 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, l/(We) MICHAEL JASON
IANNI & SHAUNA L. IANNI, TRUSTEES OF IANNI LIVING TRUST DATED SEPT. 15, 2011
, 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
aCED‘LandDev‘pROjECTStPUDIPUO 18 \ PU020'8-0006 Breakers View Beach Homes -Chk.a HorodysIMB & IOLD 7-IARMLESS AGREEMENT GEOLOGCAL
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.
1H
111
111
III
II-
CIACEDILandDey1PROJECTSIPUDNPUD 181PUD2018-0C06 Breakers View Beach Homes -Chua HorcdyskAB & AAHOLD HARMLESS AGREEMENT GEOLOGICAL
FAILURE.doc 01125/13
IN WITNESS WHEREOF, the undersigned has executed this instrument this
day of r )3/1/ , 2007/.
OWNER(S)
MICHAEL JASON IANNI & SHAUNA L. IANNI,
TRUSTEES OF IANNI LIVING TRUST DATED
SEPT. 15, 2011
MICHAEL JASON IANNI, TRUSTEE
(print name and title)
62 a ‘,2aN Date:
By:
(sign here)
(print name and title)
Date:
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.)
3
Q:\CEDLandDev\POJEGTSPUD\PUD 181PUD2018-00C6 Breakers View Beach Homes -Chua HorodyskiNEI a AIHOLD HARMLESS AGREEMENT GEOLOGICAL
FAILURE.doc 01/25/13
BARBARA BLANTON
Notary Public - California
San Diego County
Commission # 2329989
My Comm. Expires Jun 27, 2024
Place Notary Seal and/or Stamp Above
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: Signer's Name:
0 Corporate Officer — Title(s): a Corporate Officer — Title(s): CI Partner — o Limited a General a Partner — 0 Limited 0 General
Individual 0 Attorney In Fact 0 Individual 0 Attorney In Fact
0 Trustee 0 Guardian or Conservator o Trustee 0 Guardian or Conservator
0 Other: o Other:
Signer Is Representing: Signer Is Representing:
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 118 9
MimeateinierAMMIP
A notary public or other officer completing this certificate verifies only the identity of the individ ual 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 SACN D e.9)
On V1/44r6IN e, a before me,304A04.114 A.41)A 10 I it rUk tkio V, 6.
bate Here Insert Name and Title of the Officier
personally appeared WI OA. Aso n 4.11 ,
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 capactty(les), and that by his/her/their signature(s) on the Instrument the person(s), or the entity
upon behalf of which th (s ed 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.
Signature
Signatu tary Public
e2019 NatiOnal Notary Association
4
QACED\LandOe,APROJECTStPUDIPUI3 181PUD2010-0006 Breakers View Beach Homes -Chua HorodyskilB &AlHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01)25/13
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 'P' IN BLOCK 2 OF PALISADES HEIGHTS, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO. 1777, FILED IN THE OFFICE OF THE RECORDER OF SAID SAN DIEGO
COUNTY, JANUARY 11, 1924.
APN: 204-232-12-00