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HomeMy WebLinkAboutSDP 16-12; Affirmed Housing Group Inc; 2020-0473981; Hold Harmless Agreement/ReleaseDOC# 2020-0473981 1111111111111111111111111111 1111 1111 111111111111111 Aug 21, 2020 10:00 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $176.00 (SB2 Atkins: $150.00) PAGES: 5 RECORDING 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 SPACE ABOVE THIS LINE FOR RECORDER'S USE Z-- ASSESSOR'S PARCEL NO.: PROJECT ID: PROJECT NAME: 204-192-05 and 06 SDP 16-12 Carlsbad Veterans Housing HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 523-4A) for development to occur on property more particularly described as (see attached, Exhibit "A"), I/We, Affirmed Housing Group, Inc., a Delaware 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. It is further agreed that the above owner(s) will maintain all drainage systems to insure a 1 ()ACED \ LandDev \ PROJECTS \SDP \SDP 16 \SDP 16-12 Harding Street Veterans Housing - Rick\ B&A \ HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 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. /// 111 III II- II- II- III III QACED\LandDev\ PROJECTS \ SDP \ SDP 16 \ SDP 16-12 Harding Street Veterans Housing - Rick \ B&A\ HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this day of , 20 2.-t? OWNER(S) Carlsbad Veteran Housing, L.P., a California limited partnership By: Affirmed Housing Group, Inc., a Delaware Corporation By: (S e e) es Silverwood, President (Print Name and Title) Date: By: (Sign Here) (Print Name and Title) Date: APPROVED AS TO FORM: CELIA BREWER City Attorney By: Loi RON KEMP \, Assistant City Attorney City of Carlsbad (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 QACED\LandDeAPROJECTS \SDP\ SDP 161SDP 16-12 Harding Street Veterans Housing - Rick \B&ANHOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 Si nature of Not Place Notary Seal and/or Stamp Above Signature OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attache cument Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: O Corporate Officer — Title(s): O Partner — 0 Limited 0 General ID Individual 0 Attorney in Fact O Trustee 0 Guardian or Conservator O Other: Signer is Representing: Signer's Nam 111 Corporate Offic — Title(s): 0 Partner — 0 Limite• Ni General I=1 Individual 0 A •rney in Fact o Trustee El Guarii.. or Conservator o Other: Signer is Representing: CALIFORNIA 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 San Diego On July 21, 2020 before me, Bryna Geary, Notary Public Date Here Insert Name and Title of the Officer personally appeared James Silverwood 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. 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. BRYNA GEAR? Notary Public - California z San Diego County Commission # 2248542 My Comm. Expires Jul 1, 2022 - ©2019 National Notary Association EXIJBI A LEGAL DESCROMON PARCEL B: THE NORTHWESTERLY 63.44 FEET OF THE SOUTHEASTERLY 95.15 FEET OF LOT 4 IN BLOCK "B" OF THE RESUBDIVISION OF A PORTION OF ALLES AVOCADO ACRES, IN THE CITY OF CARLSBAD', COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2027, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 17, 1927. APN: 204-192-05-00 PARCEL C: LOT 3, EXCEPTING THEREFROM THE SOUTHEASTERLY 68.27 FEET THEREOF, AND SOUTHEASTERLY 31.71 FEET OF LOT 4, ALL IN BLOCK "B" OF THE RESUBDIVISION OF A PORTION OF ALLES AVOCADO ACRES, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2027, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 17, 1927. EXCEPTING THEREFROM THAT PORTION GRANTED TO THE STATE OF CALIFORNIA BY DEED RECORDED FEBRUARY 7, 1967 AS FILE/PAGE NO. 16496 OF OFFICIAL RECORDS. APN: 204-192-06-00