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Home My WebLink AboutCT 2017-0006; 2569 Roosevelt LLC; 2021-0529924; Hold Harmless Agreement/ReleaseDOC# 2021-0529924 11111114111111111111111111111111111111111111111111111111111111111111 Jul 26, 2021 11:09 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.: PROJECT ID: PROJECT NAME: 203-10'1-35 CT2017-0006 Roosevelt Townhomes HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 520-9A) for development to occur on property more particularly described as (see attached, Exhibit "A"), INVe, 2569 Roosevelt, 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 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 GADED‘LandDevIPROJECTS% f VDT2017 DIM:LOOM Roosevelt Townhomes - RicklIMAIHOLD HARMLESS AGREEMENT DRAINAGE.doc 01125113 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. /II /// II/ /// /II 11/ III /11 DACED1LandDe‘APROJECTS1CTICT2017‘CT2017-0C06 Rooseveit Townhomes - RicklIEMAt HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this I C; 713 day of Pte0-)L ,202k OWNER(S) 2569 Roosevelt, LLC, a California Limited Liability Company By: Julian Alexander Tooma, CEO and Manager (Print Name and Title) Date: By: (Sign Here) (Print Name and Title) Date: APPROVED AS TO FORM: CELIA BREWER City Attorney By: ra 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, CEO 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 010EDILanODev PROJECTS1CTICT201MT2017-0006 Rooseveg Townhornes - Rick\ MAIHOLD HARMLESS AGREEMENT DRAINAGE.doc 01125/13 CONNIE NRADECKY Comm.. 22901 m IMTRY PUNIC-CALIFORNIA VJ ORANGE COUNTY "" MY ONIAL Ey. &V 13,2023m Signature OPTIONAL Signature of Na. coliPpl*IA ACKNOWLEDGMENT i801*.*91818€40108886818ilimm A notary p Ancor other officer completing this ce rtfficate verifies only the identity cif the indnridual who signed the doc ument which this Codificate is attached, and not the truthfulness, accuracyi.phVatiditypf that doornent CIVIL CODE § 1189 State of CalifOrnia tbunty of 04\-0A9 pi ( 15 2-3V 2-.1 before me, Dare pserdbnally appeared vie -&keJL 2, flt&p PU9 c_ Here ifis.gfttkinie and Title the Officer Name(s) of Sign %i(s) 7-11C-0 't CUek 17) irYkla Who proved to me on the basis of0tMietory evidence to he the person) whose name(V) IS/art.subtdribed to the within instrument and ocknolnifedgeci to me that hel4teithey execated the same In his/hertrult- authorized capacity** and that by litelhoWtkielr sIgnaturer, on the Instrument the person(t, or the entity upon behalf of which the persotlitWeidi oxecuted the Instrument. Place Notary Seal ondfor Stomp Above 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 seeL .Complefing this information can deter alteration of the document or fraudulent recittachment of this form to an unintended document. Vescription of Attached Document Title or Type of Document Pigment Date: „Ntrinpar of Stgner(s) Other Than Named Above: tepacitypes) Claimed by SIgnet(G): Signer's Name Signer's Name: 0 Corporate Officer - Title(s): Corporate Officer•-TItte(p)l Cr Partner - 0 Limited 0 General 0 Partner - LImItegl 0. ;General 0 Individual 0 Attorney in Fact 0 Individual 0 Attorney in Fact o Trustee 0 Guardian or Conservator 0 Trustee pf.Guardian or Conservator 0 °the.: Signer Is Representing: Signer is Representlfgr _ .1.. y sipOionsectesesetime.ot oofg National Notary Association 4 CIACEDILandDev1PROJECTS‘CMT20171CT2017-0006 Roosevelt Townhomes - RicIAB&AIHOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25113 EXHIBIT "A" LEGAL DESCRIPTION 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: THE NORTHWESTERLY HALF OF THE NORTHEASTERLY HALF OF LOT 22 OF SEASIDE LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1722, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 28, 1921, EXCEPTING THEREFROM THAT PORTION THEREOF DESCRIBED AS FOLLOWS: THE MOST EASTERLY PORTION, 8 FEET IN WIDTH, ALONG THE EASTERLY BOUNDARY OF SAID LOT BEARING NORTH 34° 33' WEST AND 62.165 FEET IN LENGTH, AS GRANTED TO THE CITY OF CARLSBAD ON DOCUMENT RECORDED TUNE 28, 1991 AS INSTRUMENT NO. 1991-03 1¢665‘ OF OFFICIAL RECORDS APN: 203-101-35-00