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HomeMy WebLinkAboutSDP 2019-0014; EF Faraday Carlsbad LLC; 2020-0554347; Hold Harmless Agreement/ReleaseDOC# 2020-0554347 II 1111011110111110111111111111 Sep 21, 2020 11:24 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins: $0.00) 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 ASSESSOR'S PARCEL NO.: 209-121-01 PROJECT ID: SDP2019-0014 PROJECT NAME: Carlsbad Oaks Lot 2 HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 523-9A) for development to occur on property more particularly described as (see attached, Exhibit "A"), I/We, EF Faraday Carlsbad LLC, a California Limited Liability Company, as Record Owner, By: Meridian Properties Real Estate Inc., a California Corporation, Manager, 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 1 ()ACED \LandDev\PROJECTS \ SDP \ SDP 19 \ SDP2019-0014 Carlsbad Oaks North Lot 2- McLaughlin \B & A\HOLD HARMLESS AGREEMENT DRAINAGE DWG 523-9A.doc 01/25/13 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 is further agreed that this agreement shall be binding on all heirs, successors or assigns having an interest in all or any pad of the property described herein. II- I'! /// II- III III a \CED\LandDev \PROJECTS \SDP \SDP 19 \SDP2019-0014 Carlsbad Oaks North Lot 2- McLaughlin\B & A\HOLD HARMLESS AGREEMENT DRAINAGE DWG 523-9A.doc 01/25/13 By: N KEMP Assistant City Attorn City of Carlsbad 711 IN WITNESS WHEREOF, the undersigned has executed this instrument this (---21 day of Tv 1-y , 20 c9 0 OWNER(S) EF Faraday Carlsbad LLC, a California Limited Liability Company, as Record Owner By: Meridian Properties Real Estate Inc., a California Corporation, Manager By: Michael Kalscheur, President (Print Name and Title) Date: ca.q zo By: (Sign Here) (Print Name and Title) Date: APPROVED AS TO FORM: CELIA BREWER City Attorney (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 ()ACED \LandDev \PROJECTS\SDP \SDP 19 \SDP2019-0014 Carlsbad Oaks North Lot 2- McLaughlin \ B & A\ HOLD HARMLESS AGREEMENT DRAINAGE DWG 523-9A.doc 01/25/13 CIVIL CODE § 1189 CALIFORNIA ACKNOWLEDGMENT comm #2212402 t cr-<: NoTARY PUBLIC • CAI.IPORNIA 0 k•,,,t11 SAN DIEGO COUNTY E 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 'cml seal. A notary public or other officer completing this certificate verifies only the identity ofthe individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. n(262-b before me, UDdit 14401 Here sert Name and Title of the fficer personally personally appeared Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person( sf whose name6) is/are-subscribed to the within Instrument and acknowledged to me that he/stieftiley executed the same in hls/I-re/thetr authorized capacity(i4, and that by his/h.er419e1r signature) on the instrument the personV, or the entity upon behalf of which the person) acted, executed the instrument. ©2019 National Notary Association 4 QACED LandDev \PROJECTS \SDP \ SDP 19 \ SDP2019-0014 Carlsbad Oaks North Lot 2- McLaughlin \B & A \HOLD HARMLESS AGREEMENT DRAINAGE DWG 523-9A.doc 01/25/13 State of CallforrA County ol p_14/1.,Die- on aj Date rlildtad Place Notary Seal and/or Stamp Above Signature Signature of Notary Public OPTIONAL Completing this information can deter at fraudulent reattachment of this form to a Description of Attached it Docun , t mve o Title or Type of Document: 5.5 of the document or intended document Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s), Signer's Name: 01 t '56-e—tAlgner's Name: 0 Corporate Officer — Title(s): CI Corporate Officer — Title(s): O Partner — 0 Limited 0 General 0 Partner — El Limited El General • Individual 0 Attorney in Fact O Trustee 0 Guardian or Conservator 0 Other: Signer is Representing: O Individual 0 Attorney in Fact O Trustee o Guardian or Conservator 0 Other: Signer is Representing: EXHIBIT A LEGAL DESCRIPTION Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: LOT 2 OF CARLSBAD TRACT NO. 97-13-1, CARLSBAD OAKS NORTH PHASE I, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 14926, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 15, 2004. APN: 209-121-01-00