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HomeMy WebLinkAboutPUD 2017-0008; SMAC; 2019-0592564; 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# 2019-0592564 111111111111 lllll 111111111111111 lllll 11111111111111111111111111111111I Dec 18, 2019 02:09 PM OFFICIAL RECORDS Ernest J. Dronen burg, Jr, SAN DIEGO COUNTY RECORDER FEES $104.00 (SB2 Atkins $75 00) PAGES 6 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 212-120-01-00 -----------PROJECT ID: PUD 2017-0008 -----------PROJECT NAME: SMAC HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 512-?A) and improvement plan (DWG 512-?A) for development to occur on property more particularly described as (see attached, Exhibit "A"), I/We, Systems, Machines, Automation Components Corporation, 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 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 ICED\LandDev\PROJECTSIPUDIPUD 171PUD2017-0008 SMAC -Chua\B&AIHOLD 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 Q ICED\LandDev\PROJECTSIPUDIPUD 17\PUD2017-0008 SMAC -Chua\B&AIHOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 IN WITNE~S WHEREOF, the undersigned has executed this instrument this A~U(.tl,j bu: , 20 / "f . / '-(-IA day of APPROVED AS TO FORM: CELIA BREWER City Attorney By: -.-...illJ2 __ ;_ _v{___...oP_- RON KEMP r Assistant City Attorney City of Carlsbad OWNER(S) Systems, Machines, Automation Components Corporation, a California corporation By: Edward Neff, Chief Executive Officer (Print Name and Title) Date: By:""~--~~. w~±s~ ~ Gerald Fernandez, Secretary Date: (Print Name and Title) /I /1 '-/ fa 1 I I {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\PROJECTSIPUDIPUD 171PUD2017-0008 SMAC -Chua\B&AIHOLD 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 Sa.11, t?,'--~ 9 D On N.tveM kGC/ '1.1 ).._c) l 4 before me, Pc2 Ac h/0<-n d,_ c, f-, ~ N <.> ~ f (,( t l:r. , Date/ Hzre Insert Name a 'd Title of the fficer personally appeared f;:. r;!IA/ ~J )fe / ~ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(,J whose name(;if is/a,e subscribed to the within instrument and acknowledged to me that he/st;ie~ executed the same in his/Ml'l4Reil'"nuthorized capacity(iee), and that by his/heP'l~ir signature~on the instrument the personp.,, or the entity upon behalf of which the person(,iif acted, executed the instrument. 00110V._N r1J.STIE @ P11b\lC. Ca\lfornla l'lot•rf county i San_Dle,IO fl 22&&918 • comm1sslOI\ all E1111\r9' Oe< 1l • 1 ,.ycomm- 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 ? --.....- Signature ~----~ 5 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 Docu11Je9t -,_.',1-"-~ L, J / Title or Type of Document: Ho/tA. lw.ults>A-~r:•e""'lt !7r< DocZment Date: I l { l't{ I°{ 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 4 Q:ICED\LandDevlPROJECTSIPUDIPUD 171PUD2017-0008 SMAC -Chua\B&AIHOLD 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 561 14. "/2t ~JD ) On ( { f .2. 'f::/2 O ( '} before me, Vt?rt<Yv-,v, /./-P\.':>b' e. .MJ+c.J p..-'_£ /, ~ c. r Oat .--Here Insert fjam~ and Title the Officer personally appeared fz:t: La ( J f=e:_ .t-/l(b,t...Jr.,, Z Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person~· whose name_{,JY is/~ subscribed to the within instrument and acknowledged to me that he!e-'tl;io;r executed the same in his/l'!el'lil'leir authorized capacity~. and that by his/~ signature"" on the instrument the person'8j, or the entity upon behalf of which the person~ acted, executed the instrument. ~ ft ft ft ft ft ft ft ft ft ft ft ft ~ •. ,, . DONOVAN HASTIE : ~ Notary Public -California : ~ •~;~ ._· ~-~-:..· San_ D1_ego County ~ '~J.) Comm,s51on # 2266918 ~. ":c~--My Comm. Expires Dec 12, 2022 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 offidal sea'! --==-- Signature 2=-z __.....-z.....-liJ=.-> 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 Do,'ium191 ./ \)/'~, II-"'-< Title or Type of Document: f-\,lLlfrrh"&z>/3/l'c:.~ f Documenf Date: _{_(___,~--+--/___, Number of Pages: ___ Signer(s) Other Than Named Above: --------+---+---- Capacity(ies) Claimed by Signer(s) Signer's Name: ____________ _ □ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General □ Individual □ Attorney in Fact □ Trustee □ Guardian or Conservator □Other. _____________ _ Signer Is Representing: _________ _ Signer's Name: ____________ _ □ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General □ Individual □Trustee □ Attorney in Fact □ Guardian or Conservator □ Other: ______________ _ Signer Is Representing: _________ _ ©2014 National Notary Association• www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 EXHIBIT 'A' LEGAL DESCRIPTION OF REAL PROPERTY Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: LOT 75 OF CARLSBAD TRACT NO. 85-24, UNIT NO. 4, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 11811, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 19, 1987.