HomeMy WebLinkAboutCDP 2020-0018; Forester, John G. and Julie; 2023-0063237; Hold Harmless Agreement/Release..
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# 2023-0063237
1111111111111111111111111111111111111 IIIII IIIII IIIII IIIII 1111111111111
Mar 13, 2023 09:45 AM
OFFICIAL RECORDS
JORDAN Z. MARKS,
SAN DIEGO COUNTY RECORDER
FEES: $0.00 (S82 Atkins: $0.00)
PAGES: 5
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.: 206-192-08-00 -----------PROJECT ID: CDP 2020-0018 2))'°' PROJECT NAME: Forester Residence
HOLD HARMLESS AGREEMENT
GEOLOGICAL FAILURE
In consideration of the City's approval of a grading plan (DWG 533-BA) 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) John G. Forester,
Trustee of the JGF Trust, dated October 22, 2021 , and Julie A. Forester and Alyssa R.
Ratajczak, Trustees of the JAF Trust, dated October 22, 2021 , 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
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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
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.
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Q:ICED\Admin\B&AIPROJECTSICDP 2020-0018; GR2021-0037 -Forester Residence_N.F\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13
IN WITNESS WHEREOF, the undersigned has executed this instrument this /of"" day of
Fe 6r06 r ---:; . 201:1_.
APPROVED AS TO FORM:
CINDIE MCMAHON ::~m 1
RON Ki"MP~ ~
Senior Assistant City ttorney
City of Carlsbad
OWNER(S)
John G. Forester, Trustee of the JGF Trust, dated October
22, 2021, and Julie A. Forester and Alyssa R. Ratajczak,
Trustees of the JAF Trust, dated October 22, 2021
By <J/4 (s~
John Forester -Trustee
(print name and title)
Date: l... -I O -t..--0 1.. 7
By:
(print name and title)
Date: "2.--/ (l rl..O z_.3>
By:
Alyssa Ratajczak -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
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CALIFORNIA ACKNOWLEDGMENT CIVIL CODE§ 1189
A notary public or other officer completing this certificate verifiesonlythe identity 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 # 9 ll•to }
On --'----' :,_f@_flr_....,i~~'--1-t-'lA-'_J.___ before me, ---~---"-¾_s--+-'--_,f_~ _ ___.._1-""-__,_{J_I~ __
Date\ Here Insert Name and Title of the Officer ,I, (<}.i!AA.tt'~A-. .Jv,_.t_. II'.,~ ... personally appeared __ _,,,,'-----'-'----r __ •_· ... ,----'-~----+ -_____ r_•------='--,.------
Name(s) of Signer(s)
~.k-4 ~t-
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ls/are subscribed
to the within Instrument and acknowledged to me that he/she/they executed the same In his/her/their
authorized capaclty(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.
*@· • DARE~
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VASS •, ::;: •• . . • COMM #2423861 ~
!Ii! : ,,; • NOTARY PU8UC-CAUFORNIA :!:
SAN DIEGO COUNTY I I , ... My Comm. Expn& No'iembe< 1U 02fi
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.
Signatur
OPTIONAL -~--+------------,
Completing this information can deter alteration e document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: ---~x,y)~~~tt.,_/tl"M-'-'--''"""i,$'---~-!-'-k,~l,1~~~~---------
Document Date: ____________________ Number of Pages: ___ _
Slgner(s) Other Than Named Above: ______________________ _
Capacity(les) Claimed by Slgner(s)
Signer's Name: ___________ _ Signer's Name: ___________ _
o Corporate Officer -Tltle(s): ______ _ o Corporate Officer -Title(s): ______ _
D Partner -o Limited o General o Partner -o Limited o General
o Individual o Attorney In Fact D Individual o Attorney In Fact
□ Trustee o Guardian or Conservator o Trustee o Guardian or Conservator
D Other: □ Other:
Signer Is Representing: ________ _ Signer Is Representing: ________ _
€:)2019 National Notary Association
10
H:/Oevelopment Services/Masters/Bonds & Agreements/Development Improvement Agreement REV. 01125/13
•
EXHIBIT A
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CARLSBAD, IN THE COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
LOT 13 IN BLOCK "E" OF BELLA VISTA IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2152, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO, MARCH 7, 1929. ---
APN: 206-192-08-00