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Home My WebLink AboutPD 2021-0045; Caldwell, Daniel Allen and Jocelyn Marie; 2022-0389412; Hold Harmless Agreement/ReleaseRECORDING 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 DOC# 2022-0389412 111111111111 lllll 111111111111111 IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII Oct 05, 2022 10:01 AM OFFICIAL RECORDS Ernest J. Dronen burg , Jr., SAN DIEGO COUNTY RECORDER FEES $0.00 (SB2 Atkins: $0.00) PAGES: 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 207-053-29-00 -----------PROJECT ID: PD2021-0045 PROJECT NAME: 3880 Westhaven HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 535-3A) 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, I/(We) Daniel Allen Caldwell and Jocelyn Marie Caldwell, as Co-Trustees of The Caldwell Family Revocable Trust, U/A Dated February 12, 2020, 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 Q:\CEDILandDev\PROJECTS\POIPO 2021\PO2021--0045 3880 Westhaven • Elias\B&AIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 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 bind ing on all heirs, successors or assigns having an interest in all or any part of the property described herein. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill 2 Q:\CED\LandDevlPROJECTSIPDIPD 20211PD2021-0045 3880 Westhaven -Elias\B&AIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 IN WITNESS WHEREOF, 16 day of Av"~" APPROVED AS TO FORM: CINDIE MCMAHON City Attorney By J0£JMP~ Assistant City Attorney City of Carlsbad the undersigned 1 2CT2-~ OWNER(S) has executed this instrument this Daniel Allen Caldwell and Jocelyn Marie Caldwell, as Co-Trustees of The Caldwell Family Revocable Trust, U/A Dated February 12, 2020 By~~ ~ Daniel Allen Caldwell, Co-Trustee Date: (print name and title) 8/!Gfao2-7- By: Jocelyn Marie Caldwell, Co-Trustee (print name and title) Date: (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:ICED\LandDev\PROJECTSIPD\PD 2021\PD2021-0045 3880 Westhaven • Elias\B&AIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary publlcorotherofficercompletlng this certif1cateverlfiesonlythe identity of the individual who signed the document to whkh this certificate is attached, and not the truthfulness, accuracy, or validity of that document County of '7efr-/ VI~'-' /\ ~ StateofCallfornla ~ On ---"------"-/---'G,_-_ZP_Z-_"L---_~_ before me. ~L)a-:, /V;FJ<f'~,.,c- Dote v"}_/4 Here Insert Nome and TTtfe of the Officer personally appeared _ _J';,C!'..~~--2l:::.P:__::~:___~/_:_ Y-_.:~=---~~~~~D'.....'PV~~e.A~~c.__~~~=-- who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) i,i1'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 slgnature(s) on the Instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the Instrument. 1@ Roei~; D. VASS •1 .,. COMM. '2404784 ~ i ' NOTNf'f POIIJC.CAUFORNIA ~ SAN DIEOO COUNTY I I My Com11t ExpM N'ol 11. 2029 _z 0 Place Notary Seal and/or Stamp Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph Is true and correct OPTIONAL Completing this information can deter alteration of the document ar fraudulent reattachment of this form to an unintended document /4 V Description of Attached Docu t , .#/. P, TIiie or Type of Document ~~~ Ar,t,.-arr ;!g?-OS:-$.--l 9-dV DocumentDate:_& It z,o 'l--i--NumberofPages: ___ _ ,N Capacity(les) Claimed by Slgner(s) / Signer's Name: P'A~ ,J/B(~Jc,.v Signer's Name: o Corporate Officer -Tltle(s): _______ □ Corporate Officer -Tltle(s): ______ _ o Partner -o Limited o General o Partner -o Limited o General o Individual □ Attorney In Fact o Individual o Attorney In Fact o Trustee.,,--~ p G.uardian or Conservator □ Trustee _Q Guardlan_Qr Conservator ~her: c..-0 v /(.,(.. re~ ~er: 0 -I r<A-f" ,ez_ Signer Is Representing: _________ Signer Is Representing: ________ _ C2019 National Notary Association 4 Q:ICED\LandDev\PROJECTSIPD\PD 2021\PD2021--0045 3880 Westhaven -Elias\B&A\l-lOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc: 01/25/13 LEGAL DESCRIPTION Order Number: DIV-6732323 Page Number: 6 Real property in the City of carlsbad, County of San Diego, State of (alifornia, described as follows : LOT 13 OF CARLSBAD ESTATES, IN THE QTY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 3019, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY AUGUST 7, 1953. APN: 207-053-29-00 First American Title Page 6 of 15