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Home My WebLink AboutPD 2022-0007; Hague, Jeff and Ashley; 2022-0440858; 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# 2022-0440858 111111111111 lllll 111111111111111111111111111111 ll111111111111111111111 Nov 17, 2022 12:41 PM 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.: 156-231-70-00 -----------PROJECT ID: PD2022-0007 PROJECT NAME: Hague Residence HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 536-9A) 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) Jeff Hague and Ashley Hague, 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 to the satisfaction of the City Engineer. The owners agree to repair or stabilize any slope which 1 I\Files01v\Departments\CED\Admin\B&AIPD2022-0007 _GR2022-0011 Hague Residence\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 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 \1Files01v\Departments\CED\Admin\B&AIPD2022-0007 _GR2022-0011 Hague Residence\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01125113 IN WITNESS WHERE OF, the undersigned has executed this instrument this _1_'-1 __ day of (X:jo be.r , 20~ APPROVED AS TO FORM: CINDIE MCMAHON City Attorney Byjf\Cj, ~ RON KEMP Assistant City Attorney City of Carlsbad OWNER(S) Jeff Hague and Ashley Hague, Husband and Wife as Community Property with Right of Survivorship By: Jeff Hague -Owner/Husband (print name and title) Date: IO /1lfl'l0 By: Ashley Hague -Owner/Wife (print name and title) Date: \O/J4 J~a • (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 \\Files01v\Departments1CED\Admin\B&AIPD2022--0007 _GR2022-0011 Hague Residence\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 nrrrzn ... rrrnrn•u•r •-••rrrorr ■■■ [ A-~~~~~ ;~~Ii~ ~~ ;~;~;~~;~~~~~l~tin~-t~;s~;~i;i:a~e verifies only the identity of the individual wh; s~;~~~~;,e do~~m~~,~-- 1 to which this certificate is attached. and not the truthfulness, accuracy, or validity of that document. State of California County of6:1.0J:A C::.q 0 onCtto'r2li": \4 1 o-0;).J-. __ before m~~ ~ '\nJ.--,,-. (\ tJ)_u..bl \ <....., Date Here Insert Name and Title of tf;;;o;;;:,- personally appeared =re'2f-ltQ.u\Jc: Cdld &vbte-y lie« 4ilt: ----- 0 Name(s) of Signer(s) 0 ----~~=...cc...:.;.::;__:_:..::.__ ____________ _ -------------- 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. KATHLEEN M. SCHWARTZ Notary Public -California San Diego County ~ Commission# 2323280 I certify under PENAL TY OF PERJURY under the li.lws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. My Comm. Expires Mar 8, 2024 Sign~?() W211l2Jli~ Signati~-tNotary Public {J ~ 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: __ _ Capaclty(les) Claimed by Slgner(s) Signer's Name: _______ _ Signer's Name: ____________ _ □ Corporate Officer -Title(s): ______ _ □ Corporate Officer -Tltle(s): ______ _ □ Partner -□ Limited □ General □ Partner -□ Limited □ General □ Individual □ Attorney in Fact □ Individual □ Attorney in Fact □ Trustee □ Guardian or Conservator □ Trustee □ Guardian or Conservator □ Other: □ Other: ______________ _ Signer is Representing: _________ _ Signer is Representing: ________ _ -'~)2019 National Notary Association 4 \\Files01 v\Departments\CED\Admin\B&AIPD2022-0007 _ GR2022-0011 Hague Residence\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 Exhibit 0 A" Legal Desaiption A.P.N.: 156-231-70-00 Real property in the aty of Carlsbad, County of San Diego, State of caiifomla, described as follows: PARCEL 3 OF PARCEL MAP NO. 19753, IN THE cm OF CARLSBAD, COUNlY OF SAN DIEGO, STATE OF CALIFORNIA, ALEO IN THE OFACE OF THE COUNlY RECORDER OF SAN DIEGO COUNTY, JUNE 9, 2005.