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HomeMy WebLinkAboutCT 14-07; BWR 16 LLC; 2018-0249780; 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# 2018-0249780 11111111111111111111111111111111111111111111111 IIIII IIIII 1111111111111 Jun 20, 2018 09:49 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr , SAN DIEGO COUNTY RECORDER FEES $26.00 (SB2 Atkins $0.00) PAGES 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 203-101-02-00 & 203-101-05-00 '-£..,,~ PROJECT ID: _C_T_1_4_-0_7 _____ _ >,/ PROJECT NAME: Beachwalk at Roosevelt aka Carlsbad Village Townhomes RELATED PROJECT ID: ------------ HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan(s) (DWG 490-6A) for development to occur on property more particularly described as (see attached, Exhibit "A"), I/We, BWR 16, LLC, a California limited liability company, 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. 1 Q \CED\LandDev\PROJECTS\CT'ICT 14\CT 14-07 Beachwalk at Roosevelt -Bobbett\Bonds and Agreements\HOLD HARMLESS AGREEMENT DRAINAGE doc //7) 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 /II /II Ill Ill /II Ill /II /II /II /II /II Ill Ill Ill Ill Ill /II /II /II /II 2 Q ICED\LandDev\PROJECTS\CnCT 14\CT 14-07 Beachwalk at Roosevelt -Bobbett\Bonds and AgreementslHOLD HARMLESS AGREEMENT DRAINAGE doc 01/25/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this _17 __ _ day of _ __;_/jp--'-#--M--=l_, 20_.1_7J APPROVED AS TO FORM: CELIA BREWER City Attorney By JOO-&MW7 Assistant City Attorney OWNER(S) BWR 16, LLC, a California limited liability company BY: McCenza Holdings, LLC, a Delaware limited liability By: company Its: Member R. Geoffrey McComic, Managing Member, McCenza Holdings, LLC (Print Name and Title) Date: By: (Sign Here) (Print Name and Title) Date: (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 Q ICED\LandDev\PROJECTS\CT\CT 14\CT 14-07 Beachwalk at Roosevelt -Bobbett\Bonds and Agreements\HOLD HARMLESS AGREEMENT DRAINAGE doc 01/25/13 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 SC\ C\. i)\e~c) ) L <..f ~ ·11... I I\ rA _ \ ,, \ ~~a.1'~ On \ -~' -\ O before me, ~'<: \c, ~ ~ ~ l1,.b\.\c-' Date ?\7 Here Insert Name and Title of the Officer personally appeared ___ -~M~,~c;~~~~~~-'-+-~ ....... t-~~--M-~~~~-VV\.~ ........ ,~<P-~=c------- N~s> of Signer(s) who proved to me on the basis of satisfactory evidence to be the person~hose nam~is/81'8'" subscribed to the within instrument and acknowledged to me that he~ executed the same in hi::.-'I 101 ;'ti ,eir authorized capacit~and that by his/her/ti ,eir~ignature(s)-orrthe instrument the person(sr,' or the entity upon behalf of which the person(s) acted, executed the instrument. 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. WITNESS my hand and official seal. Signatu:P., ('NJ\ C'2 ~ c" "s=?L-J. Signature of Notary Public ---------------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 Doffument ~~ Title or Type of DocuJ]lent: -Wit:\ -\-k I V\o_\~ Document Date: _______ _ Number of Pages: _::::>.c___ Signer(s) Other Than Named Above: ____________ _ Capacity(ies) Claimed by ~~er(s) I' _ Signer's Name:R C.....eg}-:\\;f "1;:: r"Ylc..LiCfV'(.Signer's Name: ____________ _ D Corporate Officer -Title(s): ~j D Corporate Officer -Title(s): ______ _ D Partner -D Limited D General D Partner -D Limited D General D Individual D Attorney in Fact D Individual D Attorney in Fact D Trustee D Guardian or Conservator D Trustee D Guardian or Conservator 10"0ther: =--'-.>!,.l..=i~½~l--r.-'f-1-U,:.,~-'-\.µ....-""',-. D Other: _____________ _ ©2014 National Notary Association• www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 4 Q:\CED\LandDev\PROJECTSICTICT 14\CT 14-07 Beachwalk at Roosevelt -Bobbett\Bonds and Agreements\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 EXHIBIT 'A' THAT PORTION OF THE NORTHEASTERLY HALF OF LOT 27, SEASIDE LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1722, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 28, 1921, LYING NORTHWESTERLY OF THE NORTHWESTERLY LINE OF THE SOUTHEASTERLY 60 FEET OF SAID LOT; TOGETHER WITH THE NORTHEAST HALF OF LOT 26, SEASIDE LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1722, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 28, 1921.