HomeMy WebLinkAboutPD 2020-0042; Glesmann, Scott and Susan; 2021-0374826; Hold Harmless Agreement/ReleaseDOC# 2021-0374826
1111111MIE111111111131111111111111111111111111111111111111111
May 17, 2021 12:53 PM
OFFICIAL RECORDS
Ernest J. Dronenburgs Jr.,
SAN DIEGO COUNTY RECORDER
FEES: $0.00 (SB2 Atkins: $0.00)
PAGES: 5
Sf
RECORDING IS REQUESTED
FOR THE BENEFIT OF THE CITY
OF CARLSBAD
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Or.
Carlsbad, CA. 92008
SPACE A OVE THIS LINE FOR RECORDER.'S USE
ASSESSORS PARCEL NO.: 207-082-01-00
PROJECT ID: PD2020-0042
PROJECT NAME: 4100 Sunnyhill Drive
HOLD HARMLESS AGREEMENT
GEOLOGICAL FAILURE
In consideration of the City's approval of a grading plan (DWG 528-1A) 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, If(We) Scott A. Glesmann
and Susan N. Glesmann Trustees of the Glesmann Family Revocable Trust dated April 28,
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
damage to public improvements caused by any geological failure referred to in this agreement
1
QACEDILandDev1PROJECTS1PD;PO 2025 \ P02020,0042 4100 Sunnyhill Dr -16 & AIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doC01/25/13
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
II-
I"
HI
III
III
III
M
III
M
III
III
III
III
III
HI
III
III
2
Q: 1 CED1LandDev I PROJECTSIPD1PD 20201PD2020-0042 4100 Sunnyhill Dr -1E18 AIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.cloc01/25/13
By:
By:
RON KEMP
Assistant City Attorney
City of Carlsbad
IN WITNESS WHEREOF, the undersigned has executed this instrument this
day of 0 , 20c> I.
OWNER(S)
Scott A. Glesmann and Susan N. Glesmann
Trustees of the Glesmann Family Revocable Trust
dated April 28, 2011
By:
(sign here)
Scott A. Glesmann, Trustee
(print name and title)
Date:
(sign here)
Susan N. Glesmann, Trustee
(print name and title)
Date:
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
CLICEDILandOev1PROJECTSIPDIPD 2020IPD2020-0042 4100 Surzyhill Or 48 & AIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc01/25/13
State of California
beforemaNyAneftm(\emit 141
personally appeared wan yin_
_and kStJS-ctn AISTs):nets ryytnn
Date Her4Ort NoC1 tri
,
71 The of the Officer
rab 41. 0.6".11.#0.1..mmak.sh IVONNE MARTINEZ Notary Public - California
San Diego County Commission # 2325776 hiy Coma. Expires Apr 26, 2024
Place Notary Seal and/or Stamp Above
Completing this information can deter alteration of the ment or
fraudulent reattachro nt o urr to n intend ument arIA Tit ,
Description of Attached Document 0 a .• I es-
Title or Type of Document
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Signer's Nam triarrIgnersNameUgin N Oleakinn
Corporate Officer — Title(s):
0 rtner — o 0 ',•rtnor — 0 Limited 0 General
Individual 0 Attorney in Fact ..94ndivIdual 0 Attorney in Fact
0 Trustee CI Guardian or Conservator 0 Trustee 0 Guardian or Conservator
0 Other: 0 Other:
Signer is Representing: Signer is Representing:
Capacity(ies)
c — Itle(s):
Limited o General
med by Signrp)
11114
I eel-My 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
Cry
OPTIONAL
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
1 ' A notary public or other officer com pleting this certificate verifies only the identity of the individual who signed the document i
to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. 1
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(ies), 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.
re. 2019 National Notary Association
o Co orate 0
4 CIACEDILanciDev1PROJECTSVPDIPD 20201PD2020-0042 4100 Sunnyhill Dr AB & AVHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc01/25/13
EXHIBIT "A"
Legal Description
For APN/Parcel ID s : 207-082-01-00
LOT 80 OF CARLSBAD HIGHLANDS NO. 2, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO,
ACCORDING TO MAP THEREOF NO. 2825, FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNT!, DECEMBER 5, 1951.