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Home My WebLink AboutCT 14-03; MR Carlsbad II LLC; 2016-0299721; 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# 2016-0299721 1111111111111111111111111111111111111111111111111111111111111111111111 Jun 17, 2016 09:04AM OFFICIAL RECORDS Ernest J Dronenburg, Jr, SAN DIEGO COutHY RECORDER FEES $0.00 PAGES 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 203-110-01-00 ~~~~--~-----------PROJECT ID: CT 14-03 ------------~~-------PROJECT NAME: Beach Walk at Madison RELATEDPROJECTID: __________________ __ HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan(s) (DWG 486-4Z) for development to occur on property more particularly described as (see attached, Exhibit "A"), 1/We, MR Carlsbad II, LLC, the owners 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. IIFILES01V\Departments\CED\LandDeviPROJECTSICT\CT 14\CT 14-03 Beachwalk at Mad1son-R1ck\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 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. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill 2 \\FILES01V\Departments\CED\LandDev\PROJECTSICTICT 14\CT 14-03 Beachwalk at Mad1son-R1ck\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 APPROVED AS TO FORM: CELIA BREWER City Attorney Assistant City Attorney Date: By: Date: (Sign Here) R. Geoffrey McComic, President of Managing Member (Print Name and Title) James Carenza, Vice President of Managing Member (Print Name and Title) 5-1-ll (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.) 3 \\FILES01V\Departments\CED\LandDev\PROJECTS\CT\CT 14\CT 14-03 Beachwalk at Mad>son · R>ck\HOLD HARMLESS AGREEMENT DRAINAGE doc 01/25/13 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or otller officer completing this certificate verifres only the identity of the individual wl1o signed the document to which this certificate is attached. and not the truthfulness. accuracy. or validity of that document. '----~~~~~~~~~----·---~--~~~~~- State of Califor·nia County of &;:.r, LC:_ ..... <;"J::"~,::F· . On ~-r·r\ .•. ·:c._ <~ 'i , :]_(:)il-: before m;~b''\~-~-i\Jt~J:L ~.c:''-((, t\}o'*.:.-. r-,3 ·K.!;t;· Date Here Insert Name and Title of the Officer personally appeared \? -C--x--c--:..*2Qe:~ J)\. (' C c..~-.>...'CV..r..'-~'-o_· "'-~ ___ __,A~~='\"-'. u....._ ___ _ -~ (\· Y.c-:: :::. {_L:·_ '-.c...· v·\ ?-(-~~'-'. ______ Name(s) of Signer(s_) __________ _ who proved to me on the basis of satisfactory evrdence to be the person(s) whose name(s) .i.Bfare subscribed to the within instrument and acknowledged to me that~/they executed the same in ~r/their authorized capacity(ies). and that btAieftwfl.their s1gnature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Place Notary Seal Above 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. Signat::\=2_ (vu...c\.n._ '--t "<'<::.,J~~~ e .. \...':-.. Signature of Notary Public -----------------------------oPDONAL----------------------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of th1s form to an unintended document. O.escription of Attached Do.cum~nt ; ..l __ . _'_''-_~i-·.c:..._-.d"-' ~ .\)y<: .i__vv<:. _c '::. ...:..- Title or Type of Document: j~_J,_______iX9t-f_"(''\, ~~--"'~ ___ Docdment Date: -------~~--- Number of Pages: _____ Signer(s) Other Than Capacity(ies} Clai!!led by Sig1.1e,r(s) Signer's Name: \2 ,(_:.,::··"'"'': "'.: ,· --· D Corporate Officer -Title(s): __________ _ D Partner -D Limited D General D Individual [l Attorney in Fact D Trustee D Guardian or Conservator 10 Other: .'£:f'£~~~~·~::.,'-\"i'Q..t" ,)g::_J_ Si?ner Is Represer:~ng:. -~ .·"? . . l~"J.h..._6:""_L \:-~::t--do .Ll_/_.l L ? Nnmed Above: Signer's Nam~ 1(--,"-<·' ~:::> Lc.; _1-~1" ;;._,,_ n Corporate Officer -Title(s): ~~~~~~~ L.J Partner -0 Limited D General [] Individual []Attorney in Fact D Trustee D Guardian or Conservator ~I Other: -="-~~.i..:o. ... :r .. ~i:...{~ :CD...£~~) Signer Is Representing:-.......,.~---=-~=-.--=~~c--""-\~<!z...-"'-L~c:.\. ~Jh~ .:::1!~~1c~ \(J2014 National Notary Association • www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 4 \\FILES01V\Departments\CED\LandDev\PROJECTS\CT\CT 14\CT 14-03 Beachwalk at Mad1son R1ck\HOLD HARMLESS AGREEMENT DRAINAGE doc 01/25113 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: TENTATJVE MAP NO. T/f IS A SUBDIVISION OF THE LAND DESCRIBED AS FOLLOWS: THAT PORTION OF LOT 47 OF SEASIDE LANDS, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORnJNG TO .. M.AP THEREOF NO. 17];b fiLED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DJEGO COUNTY, JULY 28, I 921, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF THE NORTHWESTERLY HALF ACRE (COMPUTED TO THE CENTER OF THE ADJOINING STREET) OF SAID LOT 47; THENCE SOUTH 34°33' EAST ALONG THE SOUTHWEST LINE OF SAID LOT 47 A DISTANCE OF 84 FEET MORE OR LESS TO THE MOST SOUTHERLY CORNER OF THAT PARCEL OF LAND DESCRrBED IN DEED TO JOSEPH D. GLASS, ET UX, RECORDED OCTOBER 9, 1946 IN JJ.QQK.n.~o, PAQ.fi.1.LQf_Qff]QA1_~_c_Q_@_S;THENCE NORTH 55°27' EAST ALONG THE SOUTHEASTERLY LINE OF SAID GLASS LAND, A DISTANCE OF 145.00 FEET; THENCE NORTH 34"33' WEST PARALLEL WITH THE SOUTHWESTERLY LINE OF SAID LOT 47, A DISTANCE OF 84 FEET MORE OR LESS TO A POINT ON THE SOl]THEASTERL Y LINE OF SAID NORTHWESTERLY HALF ACRE OF SAID LOT 47; THENCE SOUTH 55°27' \VEST ALONG SAID SOUTHEASTERLY LINE A DISTANCE OF 145 FEET TO THE POINT OF BEGINNING. APN: 203-110-01-00