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Home My WebLink AboutPD 2019-0006; Moghaddam, Reza Abedi and Effat Faridi; 2021-0862935; Hold Harmless Agreement/ReleaseDOC# 2021-0862935 Dec 23, 2021 09:59 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: 50.00 (SB2 Atkins: $0.00) RECORDING IS REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD WHEN RECORDED MAIL TO: PAGES: 5 City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 215-460-06-00 PROJECT ID: PD2019-0006 PROJECT NAME: Moghaddam Family Residence HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 516-8A) 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) Reza Abedi and Effat Faridi, 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. 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 1 QACEO‘LandDev;PROJECTSlPDIPD 20191P02019-0006 Ataedi Moyhaddern Residence - CarroilIBencis and AgreementRIHOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE duc 01126113 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. /// III ill III /// III /// III Ill III /// /// III /// III III III •0:‘,ca-P,Landp..:A,TRomEcTs.:•,u,PE: 2c1c.,v-oni.z.). liai3 Abk,di fAAr.,:m, 1 FAik.URE djC. CIACEOV anciDev \PROJECTS', POPO 20'19IPD2019-0006Abecii Moghac'thilklU4iacnce - Cs-rrallSondis ..ind'AdligPiitiiigt.14CCO itARMLESS AGREEMENT GEOLOGICAL FAIL A RE.doc 01:25/13. By: ) R N KEMP Assistant City Attorney City of Carlsbad IN WITNESS WHEREOF, the undersigned has executed this instrument this l'F2- day of 20 OWNER(S) Reza Abedi and Effat Faridi, husband and wife as community property with right of survivorship By: , (Sign Here) Reza Abedi Moghaddam, Husband (Print Name and Title) Date: -21 R-A By: (Sign Here) Effat Faridi Moghaddam, Wife (Print Name and Title) Date: n APPROVED AS TO FORM: CELIA BREWER City Attorney 92-0?-f (Proper notarial acknowledgment of execution by owner(s) must be attached) (Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.) 3 CIACED LandGeOPROJECTSIRCAPD 20191PD2019-0006 Abedi Moghaddam Residenw - Carrolffionds orld Agreements1HOLD HARMLESS AGREEMENT DRAINAGE.doe 0105113 Place Notary Seal and/or Stamp Above Capacity(ies) Claimed by Signer(s) Signer's Name: 2k! o Corporate Officer - Title(s): 0 Pa - o Limited o General ndividual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer is Representing: Signer's Name: 11-4Z;14k. 0 Corporate Officer - Title(s): o P er -ci Limited 0 General rWlndividual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer is Representing: 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 Docum t C21)--IVTA‘ICA kri.V-Aty14 DocumentDate: Cfri Numberof Pages: Signer(s) Other Than Named Above: ivIA- OPTIONAL VYKS'ekt Kr:417.") -cattreithtiorAc K N OWL MGM ENT IIIMOMMIVIONEINIMMINNINEW 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.C.alikauala-- VieSt\l'istiMAJ County of t-ti\IZA On (7)/Dvit l-r-4./-)i before me, ''INAltNekk. • C Date Here Insert Name and Title of the Officer personally appeared 1"I" fiki, .VT1 \ tvvor2tYVNOPcIVN 9-ttik irgehl DAtk Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the personawhose namao subscribed to the within instrument and acknowledgedme thEc/s executed the same in authorized capacl and that by/kg-Fah& signatur on the instrument the persorft or the entity upon behalf of whlclithe persoeacted, executed the instrument. EMMA S C COOPER Notary Public State of Washington Commission # 21014199 My Comm. Expires Mar 25, 2025 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. (2019 National Notary Association 4 0:10EDILandDev1PROJECTSIPD PD 20191PD2019-0006 Abedi Moghaddam Residence - CarroillSonds and Agreements1HOLD HARMLESS AGREEMENT DRAINAGE.doc 0105113 PRELIMINARY REPORT Fidelity National Title Company YOUR REFERENCE: ORDER NO.: 00130318-992-SDI-DS1 EXPIThrf A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: LOT 727 OF LA COSTA MEADOWS UNIT NO. 4, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 7367 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JULY 19, 1972. APN: 215-460-06-00 CLTA Preliminary Report Form — Modified (11/17/06) Page 3