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HomeMy WebLinkAboutMS 09-07; Roohani, Zobair A. and Jami, Fouzia; 2026-0028963; Hold Harmless Agreement/Release2/2/26, 4:45 PM RECORDING IS REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad VIiiage Dr. Carlsbad, CA. 92008 Batch 20572327 Confirmation DOC# 2026-0028963 1111111111111111111111111111111111111111111111111111 IIIII IIIII IIII IIII Feb 02, 2026 03:31 PM 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. : 216-160-18-00 ------------- PROJECT ID: .....:..:..M:.:..S:.:..0.:..9·:..:..0.:..7 _______ _ PROJECT NAME: Ross Minor Subdivision HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 532-SA) 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) Zobair A. Roohani and Fouzia Jami, husband and wife as community property with right of survivorship, 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. https://gs.secure-erds.com/Batch/Confirmation/20572327 11/20 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 ,,~ day of ZOBAIR A. ROOHANI AND FOUZIA JAMI, husband and wife as community property with right of survivorship By: ~ (sign here) Zobair A. Roohani -Husband (print name and title) Date: By: (sign here) Fouzia Jami -Wife (print name and title) Date: OS/ l61 ?o?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: &Mw'tJ City Attorney City of Carlsbad CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 !fl®!U~lffll!m!<ll~t!tffl~~lllfflffl!ll!Ul!ffi§891~~~!U~lffll!ml<ll~lffll!~~~~~~IDO~fflffi-i~J 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 ;>cM'-Di 1'.!) CJ :! °' q a~ µ. ~3 Ju_: / Net"<>-;/ '?--~ h ·c.. , Here Insert Name and Title of the ?-ftncer personally appeared ---=2=-o_\;J-'--ec._i-'-v __ ,4_. __ R-'-=o-o...:..,_)-"--'h'-'-"""''--. __ Cl-_w--'-1 __ __..b--'c,'-u_i.-t_p <---__ J_c._-_,." __ Name(s) of Signer(s) On ifl'(2f before me, Date 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. PAYAM HAGHANI COMM. #2414898 .,, Notary Public • California !! San Diego County Comm. Ex 1lres Se . 5, 2026 Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ___ ,._c, _~=---=--------- 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: _.__,H'---""'-\~J.---_.H-'-'-1,¥"-....{cd__._,:;,<._,+-J _ _.,_A-H-b-le_~______,_ __ <?6, _ _, 1c}..__i wt\_-----'f'---"'-~ \_..,_vt.. Document Date: fl I b h) Number of Pages: ___ _ Signer(s) Other Than Named Above:--====!___ ________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: -z. .. '7(c\{ t,. f',oJ le......: □ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General .ea-r-lndividual □ Attorney in Fact □ Trustee □ Guardian or Conservator D Other: Signer's Name: _..,,_f,_o_..n.,_,_·"---"------->~~,..,.,._-• __ _ □ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General .Q'. Individual □ Attorney in Fact □ Trustee □ Guardian or Conservator □ Other: Signer is Representing: C fr 'I)A-.lav ,;""""'--Signer is Representing: CA '.Dvive-v lj~ ©2019 National Notary Association M1304-09 (11/20) 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 18 OF LA COSTA SOUTH UNIT NO. 1, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 6117, FILED IN THE OFFICE OF THE COUNTY RECORDER OF JUNE 3, 1968. APN: 216-160-18-00