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HomeMy WebLinkAboutMS 2024-0006; The Tides at Terramar LLC; 2025-0323606; Hold Harmless Agreement/ReleaseRECORDING 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# 2025-0323606 111111111111 lllll 111111111111111 lllll lllll 1111111111111111111111111111 Nov 17, 2025 10:48 AM 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. : 210-062-09-00 -------------PROJECT ID: MS 2024-0006 PROJECT NAME: Carlsbad Boulevard Homes HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 551-9A) and improvement plan (DWG 551-9) for development to occur on property more particularly described as (see attached, Exhibit "A")i I/We, The Tides at Terramar, LLC., a California limited liability company, 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 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 said 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. IN WITNESS ~EREOF, the undersigned has executed this instrument this Lf-th day of OVtmhtiV-I 20 ~5 . THE TIDES AT TERRAMAR, LLC., a California limited liability company By: By: KMJ Real Estate LLC., a California limited liability company Its Sole Manager John H. Norum -Authorized Member (print name and title) Date: ,, I ttlV>u r , (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.) APPROVED AS TO FORM: CINDIE K. MCMAHON City Attorney By: ? C. Dalton Sorich Assistant City Attorney City of Carlsbad CALIFORNIA ALL-PU~POSE ACKNOWLEDGMENT 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 oft.hat document. State of California County of San Diego On JJ/Q4/2Q25 Date before me, E. N. Malone, Notary l'tiblic Here Insert Name and Title of the Officer personally appeared __ J=--o=h=n:.::._:H:::.:.... ---=Nc:.:o::..:r:..:u=m.::... ----------------~---- Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed td the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorizeo capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upqn behalf of which the pef·sol")(s) acted, executed the instrpment. E. N.MALONE Notary Public -California z San Diego County ~ {' Commission # 2443097 .~,~ My Comm. Expires Apr 29, 2027 Pla,ce Notary Seal Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing p~ra'graph is true and correct. WITNESS my hand and official seal. Signat\,1re ___ ~ __ N\_-'--JZ--""-~-----"--- Signature of Notary Public ---------------oPTTONAL--------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Hold Harmless Agreement Drainage Title or Type of Document: _____________ Document Date: _______ _ Number of Pages: ___ Signer(s) Other Than Named Above: ____________ _ Capacjty(ies) Claimed by Signer(s) Signer's Name: ___________ _ Signer's Name: ___________ _ □ Corporate Officer -Title(s): ______ _ D Corporate .Officer -Title(s): ______ _ □ Partner -D Limited D General D Partner -□ Limited D General □ Individual D Attorney in Fact D I.ndividual □ Attorney in Fact □ Trustee D Guardian or Conservator D Trustee D Guardian or Conservator □Other: _____________ _ D Other: _____________ _ Signer Is Representing: _________ _ Signer Is Representing: ________ _ • ©2014 National Notary Association • www.NationalNotary.org • 1--800-US NOTARY (1-800-876-6827) lteri) #5907 EXHIBIT 'A' LOT 33 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 COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 6, 1950. APN 210-062-09-00