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HomeMy WebLinkAboutPD 2023-0029; The Zavalani Family Trust - Rudy and Cheryl Zavalani, Trustees; 2025-0342661; 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# 2025-0342661 1111111111111111111111111111111111111111111111111111 IIIII IIIII IIII IIII Dec 04, 2025 10:46 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. : 204-173-09-00 ---------------PROJECT ID: PD 2023-0029 PROJECT NAME: Zavalani Single Story Addition and ADU HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 545-6A) 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) Rudy Zavalani and Cheryl Zavalani, Trustees ofThe Zavalani Family Trust dated March 18, 2015, purportedly acquired an estate or interest in the Land pursuant to a "Grant Deed" recorded May 17, 2022, 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 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. ,. ) IN WITNESS WHEREOF, the undersigned has executed this instrument this fVev~~loLt,-20 ~ ) 4 j-t,\day of RUDY ZAVALANI AND CHERYL ZAVALANI, Trustees of The Zavalani Family Trust dated March 18, 2015, purportedly acquired an estate or interest in the Land pursuant to a "Grant Deed" recorded May 17, 2022 Rudy Zavalani -Trustee (print name and title) Date: Nov . By: Cheryl Zavalani -Trustee (print name and title) Date: N ov. l 4 , a-03-s (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.) APPROVED AS TO FORM : CINDIE K. MCMAHON City Attorney By: c ~£L C. Dalton Sorich Assistant City Attorney City of Carlsbad CALIFORNIA ALL-PURPOSE 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. State of California County of _R_iv_e_r_s_id_e _________ _ on November 14, 2025 before me, Vanessa Card, Notary Public Date Here Insert Name and Title of the Officer personally appeared Rudy Zavalani and Cheryl Zavalani Name(s) of Signer(s) 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. VANESSA CARD ~ Notary Public -California Riverside Co4,nty Commission# 2489473 My Comm. Expires May 22, 2028 Place Notary Seal Above I certify under PE ALTY OF PERJURY under the laws of the State of C lifornia that th oregoing paragraph is true and corre t. ---------------OPTIONAL--------------- Though this section is 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: Hold Harmless Agreement Geological Failure Document Date: _1_1_/1_4_/_2_02_5 ____ _ Number of Pages: ___ Signer(s) Other Than Named Above: ____________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: -'--R--'--'uC...Cd'--'y----'Z=a"--v'---'a"'-la=n"""i ______ _ C Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General □ Individual □ Attorney in Fact ltJ Trustee □ Guardian or Conservator □Other: ______________ _ Signer Is Representing: The Zavalani Family Trust dated March 18 2015 Signer's Name: Cheryl Zavalani C Corporate Officer -Title(s): ______ _ C Partner -□ Limited □ General □ Individual □ Attorney in Fact ~Trustee □ Guardian or Conservator □ Other: ______________ _ Signer Is Representing: The Zavalani Family Trust dated March 18 2015 ©2014 National Notary Association• www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 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: FRACTIONAL LOTS 14, 15 AND 16 IN FRACTIONAL BLOCK NO. 93, IN THE TOWN OF CARLSBAD, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 535, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 2, 1888, AS AMENDED BY MAP THEREOF NO. 775, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, BEING ALL OF SAID BLOCK 93 LYING SOUTHWESTERLY OF THE ALLEY IN SAID BLOCK AS SHOWN ON SAID MAP. ALSO THE SOUTHWESTERLY HALF OF THE ALLEY IN SAID BLOCK ADJOINING SAID LOTS ON THE NORTHEAST, CLOSED TO PUBLIC USE AND VACATED BY ORDER OF THE BOARD OF SUPERVISORS OF SAID COUNTY ON MAY 4, 1925. ALSO THE SOUTHEASTERLY HALF OF THOSE PORTIONS OF CYPRESS AVENUE AS SHOWN ON SAID MAP, CLOSED TO PUBLIC USE AND VACATED BY RESOLUTIONS OF SAID BOARD OF SUPERVISORS ON MAY 4, 1925, AND AUGUST 26, 1946, ADJOINING THE HEREINBEFORE DESCRIBED PROPERTY ON THE NORTHWEST, AND LYING SOUTHWESTERLY OF THE NORTHWESTERLY PROLONGATION OF THE CENTER LINE OF SAID VACATED ALLEY. APN: 204-173-09-00