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HomeMy WebLinkAboutSDP 2023-0016; Brooking, Eric B - Trustee of the Eric B. Brooking Trust; 2026-0129730; Hold Harmless Agreement/Release5/7/26, 11 :38 AM 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 Batch 21102979 Confirmation DOC# 2026-0129730 111111111111 lllll 111111111111111 lllll lllll 1111111111111111111111111111 May 07, 2026 08:41 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 Recorded for the benefit of a government agency ASSESSOR'S PARCEL NO. : 211-060-06-00 ------------PROJECT ID: SDP 2023-0016 PROJECT NAME: Premier Cadillac HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 549-lA) and improvement plan (DWG 549-1) for development to occur on property more particularly described as (see attached, Exhibit "A"), I/We, Eric B. Brooking, Trustee of the Eric B. Brooking Trust Dated June 10, 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 persons, or damage to or taking of property, directly or indirectly caused by the diversi~n 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 1 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 https://gs.secure-erds.com/Batch/Confirmation/21102979 1/10 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 WHEREOF, the undersigned has executed this instrument this °31>. day of 0~~ I 20_6~¥~--- OWNER(S) ERIC 8. BROOKING, Trustee of the Eric 8. Brooking Trust Dated June 10, 2014 By: Eric 8. Brooking -Trustee (print name and title) Date: /-3d-U (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~~ C. Dalton Sorich Assistant City Attorney City of Carlsbad CALIFORNIA ALL-PURPOSE CERTIFICATE OF 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 validity of the document. State of California County of San Diego On January 30 , 2026, before me, Nicholas Espinosa , Notary Public, personally appeared Eric B. Brooking , who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. 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. (Seal) EXHIBIT A LOT 9 OF CARLSBAD TRACT NO. 72-3, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 7492, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 30, 1972.