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Home My WebLink AboutMS 05-09; Acacia Ave CAH LLC; 2017-0521235; 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# 2017-0521235 11111111111111111111111111111111 lllll lllll 1111111111111111111111111111 Nov 07, 2017 04:04 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00 PAGES: 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 204-231-06-00 204-231-08-00 PROJECT ID: MS 05-09 -----------PROJECT NAME: Acacia Estates ----------- HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 445-9B) for development to occur on property more particularly described as (see attached, Exhibit "A"), I/We, Acacia Ave CAH, 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. 1 \\FILES01V\Departments\CED\LandOev\PROJECTS\MS\MS 05\MS 05-09 Acacia Estates -Rick\Bonds and Agreement\B&A DWG 445-9B\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\PROJECTS\MS\MS 05\MS 05-09 Acacia Estates -Rick\Bonds and Agreement\B&A DWG 445-98\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this 'b/ day of ___ Pti--....A_9 ...... U ....... f1t ____ , 20 \± APPROVED AS TO FORM: CELIA BREWER City Attorney By:~~ RON KEMP Assistant City Attorney City of Carlsbad OWNER(S) Acacia Ave CAH, LLC, a California limited liability company By: Charles A. Hamilton, Managing Member (Print Name and Title) Date: Av5 3( I ~07 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 \\FILES01V\Departments\CED\LandDev\PROJECTS\MS\MS 05\MS 05-09 Acacia Estates -Rick\Bonds and Agreement\B&A DWG 445-9B\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 EXHIBIT "A" LEGAL DESCRIPTION Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: LOTS F AND H IN BLOCK 1, OF PALISADES HEIGHTS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1777, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 11, 1924. APN: 204-231-08-00 204-231-06-00 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 CaJj!ornial"'\. ) County ot..:::z:,4\ LIi~ I On~U!;t: 2?~ wieforeme.VomMe... 00]\~ Nob~ ~,,J,l-C.., Date ,..... L _ A_ Her~ ~'f ~rt N:!_me and Title of the~ fficer personally appeared L--'(\C)(k~ rr-wrn.•b\. 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. Place Notary Seal 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. 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: _____________ Document Date: Number of Pages: _____ ___ Signer(s) Other Than Capacity(ies) Claimed by Signer(s) Signer's Name: ____________ _ D Corporate Officer -Tit!e(s): -'--------- 0 Partner -0 Limited O General D Individual D Attorney in Fact D Trustee D Guardian or Conservator 0 Other: ______________ _ Signer Is Representing: _________ _ Named Above: Signer's Name: ____________ _ D Corporate Officer -Title(s): ______ _ 0 Partner -0 Limited D General D Individual D Attorney in Fact D Trustee D Guardian or Conservator 0 Other: _____________ _ Signer Is Representing: ------,------- W'@@@tif:i:.?1~@@~@:§(;),'§0:,-'§<>~.>~@@@@~~'§/4@@@@@~.>~~@:,@;,:@;)\ @2014 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 4 \\FILES01V\Departments\CED\LandDev\PROJECTS\MS\MS 05\MS 05-09 Acacia Estates -Rick\Bonds and Agreement\B&A DWG 445-9B\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13