HomeMy WebLinkAboutPD 2023-0004; Hillside Patio Homes Association; 2024-0313168; Hold Harmless Agreement/Release...
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
DOC# 2024-0313168
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Nov 12, 2024 01 :40 PM
OFFICIAL RECORDS
JORDAN Z. MARKS,
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. : 223-200-32-01 thru 223-200-3 2-47 ;
223-200-16-47 thru 223-200-16-72
PROJECT ID: PD 2023-0004
PROJECT NAME: Hillside Patio Homes Slope Repair ----------'----'----
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City's approval of a drainage plan (DWG 541-SA) for development to
occur on property more particularly described as (see attached, Exhibit "A"), I/We, Hillside Patio Homes
Association, a California corporation, 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 persons, or
damage to or taking of property, directly or indirectly caused by the diversion of waters, the alteration
of the normal flow of surface waters or drainage, or the concentration of surface waters or drainage
from the drainage system or other improvements identified in the approved plans; or by the design,
construction or maintenance of the drainage system or other improvements identified in the approved
plans.
Approval of the plans by the City shall not constitute an assumption by the City of any
responsibility for such damage or taking. City shall not be an insurer or surety for the design or
construction of the improvements 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
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construction work or improvements as specified in this agreement.
It is further agreed that the above owner(s) will maintain all drainage systems to insure a free
flow to a satisfactory point of discharge unless sa id systems are accepted as public facilities.
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.
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IN WITNESS WHEREOF, the undersigned has executed this instrument this 30lil day of &f\{mWK I 20 Q4 .
APPROVED AS TO FORM :
CINDIE MCMAHON
City Attorney
Seni ss istant City Attorney
City of Carlsbad
OWNER(S)
HILLSIDE PATIO HOMES ASSOCIATION, a California corporation
Date:
By:
Date:
Jack Smyer II -President
(Print Name and Title)
1 -~o-U?.if
(Sign Here)
Bryce Groff-CFO
(Print Name and Title)
(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 assist ant secretary
under corporate seal empowering the officer(s) signing to bind the corporation.)
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ACKNOWLEDGMENT
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
validitv of that document.
State of California
County of SAN DIEGO
on September 30, 2024 before me AMBER DAN, NOTARY PUBLIC '-------------------(insert name and title of the officer)
personally appeared Jack Smyer II and Bryce Groff
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.
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.
Signature\,<2\ v\VJQJ~ I~ --c::.-(Seal)
EXHIBIT "A"
PROPERTY DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF
CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
DESCRIBED AS FOLLOWS:
THAT PORTION OF LOT 489 & 491 OF CARLSBAD TRACT NO. 72-20 LA
COSTA VALE UNIT NO. 3, ACCORDING TO MAP THEREOF NO. 7950, FILED
IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON
JUNE 3, 1974 AS FILE NO. 74-145645.
APN(S): 223-200-32-01 THRU 47; 223-200-16-47 THRU 72