HomeMy WebLinkAboutCDP 2020-0044; Gibson, Curtis and Debra; 2021-0551604; Hold Harmless Agreement/ReleaseDOC# 2021-0551604
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Aug 03, 2021 10:59 AM
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.:
PROJECT ID:
PROJECT NAME:
206-1 60-1 5-00
COP 2020-0044
Gibson Family Residence
HOLD HARMLESS AGREEMENT
GEOLOGICAL FAILURE
In consideration of the City's approval of a grading plan (DWG 530-2A) 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), Curtis Gibson &
Debra Gibson, Trustees of Gibson Family Trust Dated 11/10/2005, 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
damage to public improvements caused by any geological failure referred to in this agreement
Q:1C,EDL2ndDev\PROJECTSCDP\COP20201CDP2020-0044 Gibson Family Residence • ChualB & AlHOLD HARMLESS AGREEMENT GEOLOGICAL FAILUREdoc
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.
///
aCED1LandDev1PROJECTSCDRCDP20201CDF2020-0044 Gibson Family Residence - alba NI3 & AWOL() HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc
By:
(sig here)
(print name and title)
11/121 Date:
By:
IN WITNESS WHEREOF, the undersigned has executed this instrument this
day of To , 20 21 .
OWNER(S)
Curtis Gibson & Debra Gibson,
Trustees of Gibson Family ruktDated 11/10/2005
Curtis Gibson, Trustee
Debra Gibson, Trustee
(print name and title)
Date:
APPROVED AS TO FORM:
CELIA BREWER
City Attorney
By:
ON 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
QACED1LandDev PROJECTSCDP \CDP20201CDP2020-0044 Gibson Family Residence - Chua\B & AliHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc
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.
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(ies) Claimed by Signer(s)
Signer's Name:
El Corporate Officer — Title(s):
O Partner — 0 Limited ci General
O individual 0 Attorney In Fact
0 Trustee 0 Guardian or Conservator
0 Other:
Signer is Representing:
Signer's Name:
0 Corporate Officer — Title(s):
o Partner — 0 Limited 0 General
OIndividual 0 Attorney In Fact
o Trustee 0 Guardian or Conservator
0 Other:
Signer is Representing:
Signature
Signature o - .ry Public
OPTIONAL
•JEFF B LANGFORD
Notary Public - California
San Diego County
CommisEior # 2312359
My Comm. Expfres Nov 29, 2023
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 -7r 2-pzi before me,4094/
personally appeared
1-2 Igert NAe and itder fficer Date
C-1/PbY OZA-1407:4r
Afamsfs) of Signer(s)
CAVASAA'
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.
Arignage
02019 National Notary Association
Vfile
4
CMED1LandDey1PROJECTSlCDPICDP20201CDP2020-0044 Gibson Family Residence - ChualB & AAHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc
State of California m
County of et& 41Weoefer
EXHIBIT 'A'
LEGAL DESCRIPTION OF REAL PROPERTY
Real property in the City of Carlsbad, County of San Diego, State of California, described as follows:
PARCEL 2 OF PARCEL MAP NO. 21808, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 18,
2020 AS FILE NO. 2020-70000324, OF OFFICIAL RECORDS.
APN: 206-160-15-00