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HomeMy WebLinkAboutPD 2021-0001; Hamdard, Aman; 2022-0193863; Hold Harmless Agreement/ReleaseRECORDING IS REQUESTED FOR THE BENEFIT OF THE Cl1Y OF CARLSBAD WHEN RECORDED MAIL TO: City Clerk CllY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 DO C# 2022-0193863 \ \111111\lll 111111\lll llll llllll 11\1\ lllll lllll lllll ll\111\lll llll llll May 04, 2022 12:40 PM OFFICIAL RECORDS Ernest J. Oronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins: $0.00) PAGES: 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: ---=-21.;..;;6-__ 1;..;;6=0-..;;;2~3 _____ _ lL---PROJECT ID: --'-P::.;O20=2:.;..1-00..a:.=0:..;.1 ____ _ PROJECT NAME: Hamdard Residence HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 528-8A) for development to occur on property more particular1y described as (see attached, Exhibit ·A·), and other good and valuable consideration, receipt of which is hereby acknowledged, 1/(We) Aman Hamdard, a Married Man as his Sole and Separate Property, 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:~CTS'i'O'i'O 2021V'D2021-<l001 H..-nclanl Reoldence -~18 & I\\HOLD HAAMLES8 I\GREEMENT OEOLOGICl\l FALURE.doc 01/2!i/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. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill II II II II Ill Ill 2 Q.~CTSIPD'l'O 2021'1'1>2021-0001 HemdMI Allldola. ~18 & AIHOLO HARMLESS AGREEMENT GEOLOOICAL FALURE.doc 01125113 IN WITNESS WHEREOF, It day of MAYch APPROVED AS TO FORM: CELIA BREWER City Attorney By $.1PC¼2 Assistant City Attorney City of Car1sbad the undersigned • 20 !l..!. OWNER(S) has executed this instrument this Aman Hamdard, a Married Man as his Sole and Separate Property By: (sign here) Aman Hamdard, a Married Man as his Sole and Separate Property (print name and title) Date: By: (sign here) (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 Q:~CTS'l'O'l'O 2021'P02021-0001 Hemdlld RNldence • ~18 & ,\\HOtD HARMLESS AOREEMBIT GEOLOGICAL F"1.UIE.doc 01/26113 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary publk or other officer completing this certificate verifies only the identity of the Individual who signed the document to whkh this certificate is attached, and not the truthfulness, accuracy, or validity of that document Name(s) of Slgner(s) who proved to me on the basis of satisfactory evidence to be the person(,1 whose name(,,1 ls/~subscrlbed to the within Instrument and acknowledged to me that he/~/t~ executed the same In hlsll),t!t/t.Jilefr authorized capac~. and that by hls/1¢/tl)l!'lf slgnature(,1 on the Instrument the person~. or the entity upon behalf of which the personl,') acted, executed the Instrument. 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. WITNESS my hand and official seal. Qgooru" L ~ 4 /~ Signature of Notary Public OPTIONAL --------------~ Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended docurr;ent ~ Description of Attached Docu~ }( G{d., ~ "'-} €Jd /H~ ,.. Title or Type of Docum9rt ~ f O ~ ~ ya,: f I k--'! DocumentDate:-0.1_J ((,a r ,.i:j.... NumberofPages:!t:t \ Slgner(s) Other Than Named Ai::: __ :....A.J::.._=----::.._~--------------- CapacltY(les) Claimed by Slgner(s) Signer's Name: __________ _ Signer's Name: __________ _ o Corporate Officer -Tltle(s): ______ _ o Corporate Officer -Tltle(s): ______ _ o Partner -o Limited o General o Partner -o Limited o General D Individual D Attorney In Fact D lndtvldual D Attorney In Fact o Trustee □ Guardian or Conservator o Trustee o Guardian or Conservator o Other: _____________ _ o Other: Signer Is Representing: ________ _ Signer Is Representing: ________ _ 0 2019 National Notary Association 4 Q:~C'TS'l'l)V>I) 2021v>D2021--0001 Hamdlld Rlllderloe ·~I A\HOlO HARMLESS AOREEMEHT OEOLOOICAL FALURE..doc 01125/13 EXHIBIT A Lot No. 181 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 san Dleso County June 3, 1968. Assessor's Parcel Number: 216-160-23-00