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HomeMy WebLinkAboutPD 2023-0023; ELITE HOME CONSTRUCTION INC; 2026-0178736; 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 Recorded for the benefit of a government agency DOC# 2026-0178736 111111111111 lllll 11111111111111111111111111111111111111111111111111111 Jun 23, 2026 09:11 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. : 167-080-53-00 ------------PROJECT ID: PD 2023-0023 PROJECT NAME: El Camino Residences (Parel B) HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 521-8C) for development to occur on property more particularly described as (see attached, Exhibit "A"), I/We, Elite Home Construction Inc., 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 cir 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 WHEREOF, the undersigned has exe5ed this instrument this Novem'9€f .20 a . \ \ day of ELITE HOME CONSTRUCTION INC .. a California corporation By: 4 ~nhere) Corey Love -President (print name and title) By: (sign here) Hope Love -Secretary (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 assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.) APPROVED AS TO FORM: CINDIE K. MCMAHON City Attorney By:_e,__,,._71.........._~~~~-_ C. Dalton Sorich 6/ti/Z&1?.b Assistant City Attorney City of Carlsbad CALIFORNIA ALL-PURPOSE 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 of that document. State of California County of ~01.,?'1> On Ll rJ:>tiM<Jtt---1.tn--s.-before me, ---~--.✓.-~_f_f--+1_JJ_rlNJ_~f_!111._~_14_D_· ____ _ Date ~Mere Insert Name and Title of the Officer l,PJ)4 'I 1,Q~i: t, ,l_,.,fr'!. IA)\JL personally appeared -------t-\-------~~--~ ___ i.-___________ _ 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 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. f@ oAREN v~ss 1 -:-COMM. '2423861 i':i Si • NOTARY PIJ8llC.CAI.JfORNIA :!: SAN DIEGO COUNTY l 1 wr Cami. e.-Nowmblr 2,. 2026 zo uuoo a a au ess i Place Notary Sea/ Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ---------------oPTIONAL--------------- 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 Title or Type of Document: }f,, V,) ~ L.tST /'Z1~Moocument Date: ---4l....:...d.i..::t....:...l .,_lq_;__ __ Number of Pages: ___ Signer(s) Other Than Named Above: ___________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ___________ _ Signer's Name: ____________ _ □ Corporate Officer -Title(s): ______ _ □ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General □ Partner -□ Limited □ General □ Individual □ Attorney in Fact □ Individual □ Attorney in Fact □ Trustee □ Guardian or Conservator □ Trustee □ Guardian or Conservator □Other: _____________ _ □ Other: ______________ _ Signer Is Representing: ________ _ Signer Is Representing: ________ _ ~'@>~~™™~~ ©2014 National Notary Association• www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 EXHIBIT "A" LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL 1: PARCELS A AND B OF PARCEL MAP 21778, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO ON MAY 4, 2020 AS INSTRUMENT NO. 2020-7000116, OF OFFICIAL RECORDS. PARCEL 2: AN EASEMENT AND RIGHT OF WAY FOR ROAD AND UTILITY PURPOSES AND APPURTENANCES THERETO OVER, UNDER, ALONG AND ACROSS A STRIP OF LAND 30.00 FEET IN WIDTH, LYING WITHIN LOTS 24 AND 25 OF CHESTNUT HEIGHTS, ACCORDING TO MAP THEREOF NO. 5328, SAID STRIP OF LAND BEING ADJACENT TO, AND LYING SOUTHERLY AND EASTERLY OF THE SOUTHERLY AND WESTERLY BOUNDARY OF THE LAND DESCRIBED IN DEED TO THE COUNTY OF SAN DIEGO, RECORDED SEPTEMBER 2, 1966 AS INSTRUMENT NO. 143629, OF OFFICIAL RECORDS. PARCEL 3: AN EASEMENT AND RIGHT OF WAY FOR ROAD AND UTILITY PURPOSES AND APPURTENANCES THERETO, OVER, UNDER, ALONG AND ACROSS THE EASTERLY 30.00 FEET OF LOTS 26, 27 AND 28 OF CHESTNUT HEIGHTS, ACCORDING TO MAP THERE NO. 5328.