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HomeMy WebLinkAboutCDP 2019-0009; Akin, Sadri and Marie Rose; 2020-0685819; Hold Harmless Agreement/ReleaseDOC# 2020-0685819 11I 101 II I lID ill1111111111111111111M1 Nov 04, 2020 10:00 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins: $0.00) PAGES 5 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 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 210-063-09-00 PROJECT ID: CDP2019-0009 PROJECT NAME: Akin Residence HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 522-5A) 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) Sadri M. Akin & Marie Rose M. Akin, Trustees of the Levan-Akin Revocable Living Trust dated December 15, 2014, 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 1 Q: \ GED \LandDev \PROJECTS \CDP\CDP2019 \CDP2019-0009 Akin Residence - Chua 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. /// 2 QACED\LandDev\PROJECTS\CDP \CDP2019\CDP2019-0009 Akin Residence - Chua\B & A\ HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 By: By: (sign here) IN WITNESS day of F, the undersigned has executed this instrument this 202() OWNER(S) Sadri M. Akin & Marie Rose M. Akin, Trustees of the Levan-Akin Revocable Living Trust dated December 15, 2014 Sadri Akin, Trustee (print name and title) Date: By: Lae2.--A-e. P-,914.7% ()AA-AA/ (sign here) Marie Rose Akin, Trustee (print name and title) Date: APPROVED AS TO FORM: CELIA BREWER City Attorney RON KEMP Assistant City Attorney City of Carlsbad (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 QACED \LandDev \PROJECTS \CDP \CDP2019 \CDP2019-0009 Akin Residence - Chua\B & A\HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer com pleting thiscertificate 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 S C.VC-1, tAct tc> I - c, 2 On before me, A-Y-1\n W1-0112-1 evt(;%-i Here Insert Name and Title or-fhe Officer Date personally appeared 5-;c-tc19,‘ oncte‘e P-osc AKIn Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person& whose nam 4g./are subscribed to the within Instrument and acknowledged to me that heishe/they executed the same in /their authorized ca pack and that by nisPier/their sIgnature0 on the instrument the persor0, or the entity upon behalf of whicflhe perso s cted, executed the instrument. ANH IRAN COMM. #2171433 NOTARY PUBUC - CALIFORNIA SACRAMENTO COUNTY My Commission Expires 12/09/2020 U. 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 Sig of Nato 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: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: O Corporate Officer — Title(s): 0 Corporate Officer — Title(s): O Partner — 0 Limited 0 General 0 Partner — 0 Limited 0 General O Individual 0 Attorney in Fact 0 Individual 0 Attorney in Fact O Trustee 0 Guardian or Conservator 0 Trustee 0 Guardian or Conservator 0 Other: 0 Other Signer Is Representing: Signer Is Representing: 02019 National Notary Association 4 Q:\CED \ LandDev1PROJECTS \ CDR \ CDP2019 \CDP2019-0009 Akin Residence - Chua \ B & A\ HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE.doc 01/25/13 EXHIBIT 'A' LEGAL DESCRIPTION OF REAL PROPERTY Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: LOT 42 OF TERRAMAR UNIT NO. 1, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2696, FILED IN THE OFFICE OF THE COUTNY RECORDER OF SAN DIEGO COUNTY ON SEPTEMBER 6, 1950. APN: 210-063-09-00