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Home My WebLink AboutCDP 2018-0038; Carlsbad 5170 LLC; 2021-0167107; Hold Harmless Agreement/ReleaseDOC# 2021 -01 671 07 111119 11111 1111111111 URI 1 101111111111111011111111 Mar 03, 2021 04:14 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: S0.00 (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.: 210-063-01 PROJECT ID: CDP2018-0038 PROJECT NAME: Allanson-Selvidge Carlsbad Residence HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 520-4A) for development to occur on property more particularly described as (see attached, Exhibit "A"), I/We, Carlsbad 5170, LLC, an Arizona 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. It is further agreed that the above owner(s) will maintain all drainage systems to insure a QACEDILandDev1PROJECTSICDPICDP2018ICDP2018-0038 Selvidge Carlsbad Residence - HorodyskilB & AIHOLD 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 haying an interest in all or any part of the property described herein. III II- II- II- II- iIl II- 11/ QACEDILandDev1PROJECTSICDP1CDP2018\CDP2018-0038 Selvidge Carlsbad Residence - Horodyski & AVHOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 IN H REObt f h,e_undersignedA,executed this instrument this 4,9/ day of WITNES OWNER(S) Carlsbad 5170, LLC, an Arizona Limited Liability Company By: koji a aaf-4 (Sign Here) Catherine Ann Cans, Manager (Print Name and Title) Date: By: (Sign Here) (Print Name and Title) Date: APPROVED AS TO FORM: CELIA BREWER City Attorney .)) ON KEMP Assistant City Attorney City of Carlsbad By: (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 alCED1LandDev1PROJECTS1CDP1CDP20181CDP2018-0038 Selvidge Carlsbad Residence - Horodys103 & A1HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 r .27:77(17E1 61)71 COMM. *2242777 A NOTARY PUBLIC-CALIFORNIA SAN DIEGO COUNTY Mv cOmin. Expires JUNE 11.2022 Place Notary Seal and/Or Stamp Afiarre. .SIgnaturg OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an uninnded document Description of Attached Document Title or Type of Document "/fitiA4-4:,e/IXI-7' /10-e 0-0-A) 4-gre DocurnentDate:__ 7 2 Signer(s) Other Than Named Above; Capadty(ies) Claimed by Signer(sy A Signer's NaMe: p Corporate Officer - Title(s):. O Partner - 0 LOIReci 0 General p Individual 0 Attorney In Fact O Trustee o Guardian or Conservator ,9Other: ,0,4," 4 (ë'.-- Signer Is Is Repretentlpg: Number of Pages: Signer's Name: o Corporate Officer — Title(s): O Partner — o Limited p General o Individual 0 Attorney in Fact o Trirstee 0 Guardian or Conservator El Other: Signer is Representing. CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or otherofficer completing this certificate verifies only the identity of the individ ual 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 c.-.47 before me g-rs ; Were Insert Name and Title of the Offifer Date e personally appeared 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 arid acknowledged to me that hiaishe/t*rexecuted the same In hie/her/till& authorized capacity(les), and that by higher/th6ir signature(s) on the Instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. certify under PEN1ALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and.offidial seal. Signature cif Notary Public 201.9 National. Notary ASSociEition 4 QACED\LandDev1PROJECTSCDPCDP201'81CDP2018-0038 Selvidge Carlsbad Residence HorodyskiiiI3 &AILHOLD HARMLESS AGREEMENT ORAiNAGE.doc 01125/13 EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CARLSI3AD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: LOT 50 OF TERRAMAR UNIT NO. 1, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 2696 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 6, 1950. APN: 210-063-01-00