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Home My WebLink AboutSDP 16-03; Dames Rocket 1031 LLC; 2017-0458821; 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# 2017-0458821 11111111111111111111111111111111 lllll lllll lllll 11111111111111111111111 Oct 04, 2017 03:15 PM OFFICIAL RECORDS Ernest J Dronen burg, Jr., SAN DIEGO COUNTY RECORDER FEES $27.00 PAGES. 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE A~OR'S PARCEL NO.: 209-120-06-00 PROJECT ID: SDP 16-03 '::fJ PROJECT NAME: Carlsbad Oaks Lot 7 HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 494-2A) for development to occur on property more particularly described as (see attached, Exhibit "A"), I/We Dame's Rocket 1031, 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 I\FILES01V',Departments\CED1Lar.d0ev\PROJECTS\SDPISDP 15\SDP 16-03 Caclsbad Oaks North Lo! 7 -Geican\Bonds and Agreemenl\HOLD HARMLESS AGREEMENT DRAINAGE doc 01125113 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 1s 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 I I I II I Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill 2 I\FILES011ADepartments\CEO\LandDev\PROJECTS\SJPISDP 16\SDP 16-03 Carlsbad Oaks No1r Lot? -Geldec\Bonds and Agreemenl\HOLD HARMLESS AGREEMEN r DRAINAGE.doc 01125113 day of IN WITN;;z:;HEREOF, the undersi::ed ;a;executed this instrument this OWNER(S) APPROVED AS TO FORM: CELIA BREWER City Attorney By: ____ ,pe_.....O=---N-=-K"""-~-p---~__,,,--=c--- Assistant City Attorney City of Carlsbad Dame's Rocket 1031, LLC, a California limited liability company By: National Safe Harbor Exchanges, a California corporation, Its Sole Member By: James G. Beck, Vice President (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 IIFILES01V\Depar1ments\CED\LandDev\PROJECTSISOP\SDP 16\SDP 16-03 Carlsbad Oaks North Lot 7. Gelden\Bonds and Agreement\HOLD HARMLESS AGREEMENT DRAINAGE doc 01/25/13 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or otl1er officer completing this certificate verifies only the icier.My of the individual wl0o signed the document to which this cerrificate is attached. and not the truthfulness. accuracy. or validity ol that document. '---------------~·--------------------------..C State of Getifmnia fY) I S St 'U ( I of s+ .LD_v 1.~s ___ _ On --i;i} 3 I l20 I ] before me. Date N iC O te rev-:n cl~!1£[AJ?,Y f)u@,/1<- Here Insert Name and Title of the Offic~r personaIIy appeared __ ~TD. mes ···:oecK Name(s) of S1gner(s) who proved to me on tl1e 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/sheithey executed the same in l1is/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. NICOLE D BERNDT Notary Public, Notary Seal State of Missouri St. Louis County CornrnIsslon # 15988555 My Commission Expires Morch 29, 2019 Place Nota1y Seal Above I certify under PENAL TY OF PERJURY under tre laws of the State of Gelifemia that the foregoing paragraph 1s true and corrnct. f\AO WITNESS my hand and official seal. Signature~.·&~ 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 unintene!ed document. Description of Attached Document Title or Type of Document: ·--··-···--·--·-·---Document Date: Nurnber of Pages: __ S:gner(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ____________ _ Signer's Name: _____________ _ n Corporate Officer Title(s): ______ _ D Cmporate Officer -Title(s): _____ _ D Pariner -C Limited C General D Partner -D Limited CJ General 0 Individual Atmrney in Fact Individual n Attorney Fact 0 Twstee Ll Guardian or Conservator O Trustee Guardian or Conservator [J Other: D Other: Signer Is Representing: ____ _ ;~~<.}".ia.~'§75~~<;";;;&>:JG"#,:;.'§¼~Y-iR.,«g:(,.g~,.,z:;:§;(>§<:;'§?.;.,-.§k,V~"!:_&~~~~~"%-W~~"?;).W~"G<,;.'f,;:;(;,~~W-~< 1D2014 National Notary Association • www.NationalNotary org • 1-800-US NOTARY (1-S0Q-876-6827) item #5907 4 \\FILES01V\Departments\CED\Land0ev\PROJECTS\SDP\SDP 16\SDP 16-03 Car sbad Oaks North Loi 7 Geldert\Bonds and AgreernentlHOLD HI\RMLESS AGREEMEN'I DRAINAGE doc 01125113 Order No.: 00074173-005-MDD-CFU EXHIBIT A LEGAL DESCRIPTION Policy No.: CA-FBSC-IMP-720131-17-00074173 THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: LOT 7 OF CARLSBAD TRACT NO. 97-13-1, CARLSBAD OAKS NORTH PHASE 1, IN THE CITY OF CARLSBAD. COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 15, 2004. APN: 209-120-06 72013 CLTA Interim Binder Form A (Rev 2-19-81) !Binder (OSI Rev. 813/16) Printed. 813/2016 10 54 AM by SSK Page 3