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Home My WebLink AboutPD 2022-0003; Kemper, Steven J. and Cinda G.; 2022-0413439; Hold Harmless Agreement/Release (2)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 DOC# 2022-0413439 111111111111 lllll 11111 1111111111111111111111111 11111 11111 IIIII IIII IIII Oct 27, 2022 09:23 AM OFFICIAL RECORDS Ernest J. Dronenburg, 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.: 215-610-28-00 -----------PROJECT ID: PD2022-0003 ,:::_--PROJECT NAME: Kemper Residence HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 536-4A ) 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, I/(We), Steven J. Kemper and Cinda G. Kemper, trustees of the Kemper Family Trust dated April 6, 2006, amended and restated on June 3, 2016, 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 own ers 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 ICED\LandDevlPROJECTSIPDIPD 2022\PD2022.Q003 Kemper Residence 7133 Aviara\B&A\HOLD 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 binding 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:ICED\landDev\PROJECTSIPD\PD 2022\P02022-0003 Kemper Residence 7133 Aviara\B&AIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 IN WITNESS WHEREOF, ___._I"""-> -day of X p±tt ht::-: APPROVED AS TO FORM: CINDIE MCMAHON City Attorney ~ Assistant City Attorney City of Carlsbad the undersigned ,20~ has executed this instrument this OWNER(S) Steven J. Kemper and Cinda G. Kemper, trustees of the Kemper Family Trust dated April 6, 2006. amended and restated on June 3, 2016 By: Date: By: Date: ~ 1ft Steven J. Kemper, Trustee (print name and title) c,-/J -;-.;; (sign here) Cinda G. Kemper, Trustee (print name and title) q -13-;;)._~ (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:\CE0\LandDevlPROJECTS\PD\PO 2022\PD2022-0003 Kempe, Residence 7133 Aviara\B&A\HOLO HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25113 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 -··· AA&l A notary public or other officer completing this certificate verifies only the identtty 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 _--,.c.,Cv"'-,,,,,,,_....!..-_1).e::..J~e=~---- On o'i / \ ~ f 2.ot.1... Date Here Insert Name and Title of the Officer personally appeared ~ou CA Gr \.::.~ CJI' !oA-4" S 1<..\lLn ~ k~.-v\ JU" Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) I~ subscribed to the within Instrument and acknowledged to me that he/sh~ executed the same In hls/he8 authorized capaclty(les), and that by hlsth€§ slgnature(s) on the Instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the Instrument. eeeeooooi AJAANDA HAII.RIS HARll.00 Noury flubltc • u liforni• I San Dieto County _ Commission f HOil 59 y Comm. Expir!!i J1,n 16, 2026 Place Notary Seal and/or Stamp Above I certify under PENAL TY OF PERJURY under the laws of the State of Caltfornla that the foregoing paragraph Is true and correct WITNESS my hand and official seal. Slgnature _L.l. Ls~ Signature of Notary Public 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: ______________________ _ DocumentDate: ____________________ Numberof Pages: ___ _ Slgner(s) Other Than Named Above: ______________________ _ Capaclty(les) Claimed by Stgner(s) Signer's Name: Signer's Name: o Corporate Officer -Tltle(s): ______ _ □ Corporate Officer -Tltle(s): ______ _ o Partner -□ Limited □ General o Partner -o Limited o General o Individual □ Attorney In Fact o Individual o Attorney In Fact □ Trustee □ Guardian or Conservator □ Trustee □ Guardian or Conservator D Other: o Other: Signer Is Representing: ________ _ Signer Is Representing: ________ _ <!:>2019 National Notary Association 4 Q:\CED\LandDev\PROJECTS\PD\PD 2022\PD2022-0003 Kemper Residence 7133 Aviare\B&AIHOLO HARMLESS AGREEMENT GEOLOGICAL FAILURE.Ck><; 01/25/13 Exhibit "A" Legal Description A.P.N.: 215-610-28-00 Real property in the City of cartsbad, County of San Diego, State of callfornia, described as follows: LOT NO. 289 OF TiiE CITY OF CARLSBAD TRACT 85-35, AVIARA PHASE I -UNIT "D" IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12412, FILED IN TiiE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 29, 1989. . EXCEPTING TiiEREFROM ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL GAS, NATURAL GAS RIGHTS, AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN, GEOTiiERMAL STEAM AND ALL PRODUCTS DERIVED FROM ANY OF TiiE FOREGOING, THAT MAY BE WITHIN OR UNDER ltfE PROPERTY TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING AND OPERATING TiiEREFOR, AND STORING IN AND REMOVING THE SAME FROM ltfE PROPERTY OR ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN THE PROPERTY OIL AND GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE PROPERTY, AND TO BOTTOM SUCH WHIPSTOCK OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS ltfEREOF, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES WITHOUT, HOWEVER, THE RIGHT TO ENTER UPON, REMOVE, WHIPSTOCK, DIRECTIONALLY DRILL, DRIU, MINE, STORE, EXPLORE OR OPERATE THROUGH THE SURFACE OR THE UPPER 500 FEET OF THE SUBSURFACE OF THE PROPERTY.