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HomeMy WebLinkAboutSDP 2020-0006; Eagle Drive Owner LLC; 2021-0551602; Hold Harmless Agreement/ReleaseDOC# 2021-0551602 iiil lllIII It 11l 1111111111 111111111111111111111111111 Aug 03, 2021 10:59 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.: 221-015-08-00 PROJECT ID: PROJECT NAME: SDP 2020-0006 AMAZON VEHICLE STORAGE HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 530-6A) for development to occur on property more particularly described as (see attached, Exhibit "A"), IfWe, EAGLE DRIVE OWNER, LLC, A DELAWARE 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. QACEDILandDev1PROJECTS1SORSDP 201SDP2020-0006 Amazon - Chuall3 & AtHOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 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 part of the property described herein. /// II- I" III III 111 HI HI M HI III M II- I" HI M HI HI M IH III 2 CIACEDILandDeviPROJECTSISDRSDP 20SDP2020-0006 Amazon - ChualB & AAHOLD HARMLESS AGREEMENT DRAINAGE.doc 01125113 By: (Sign Here) By: IN WITNESS WHEREOF, the undersigned has executed this instrument this 1 day of , 20 2-1, OWNER(S) EAGLE DRIVE OWNER, LLC, A DELAWARE LIMITED LIABILITY COMPANY BEAU BRAND, VICE PRESIDENT (Print Name and Title) Date: -i l-i lii By: n Here) JERRY BRAND, VICE PRESIDENT (Print Name and Title) Date: -711 / APPROVED AS TO FORM: CELIA BREWER City Attorney 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 QACEOlandDev1PROJECTMDMSDP 201SDP2020-0006 Amazon - ChualB & AlHOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 WITNESS y hand and officia seal. ) SIgnatu OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Number of Pages: Capacity(ies) Claimed by Signer(s) Signer's Name: 0 Corporate Officer — Title(s): o Partner — 0 Limited 0 General O Individual 0 Attorney in Fact o Trustee 0 Guardian or Conservator 0 Other: Signer is Representing: Signer's Name: 0 Corporate Officer — Title(s): O Partner — o Limited 0 General O individual 0 Attorney in Fact Trustee 0 Guardian or Conservator 0 Other: Signer is Representing: CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 I 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. NA.' County of Sao +0,-- 1 1 1 , on kai0 1 /bi--i before me N'Aoit\ 46bon r..\6 .Rtblie_... Dote ,..., Here Insert NaTe lad TitleAthe 0 icer personally appeared t)-ecttaarrard cavt .‘40-44()Lf. .46 k/ht.14 Name(s) of Signer(s) K .... who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)Jeotre subscribed to the within instrument and acknowledged to me that JaeXabie7they executed the same WU:Os/per/their authorized capacity(les), and that by.PA/beetheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. State of California JIM! NELSON , AT:f7N;,.. Notary Public - California San Diego County Commission # 2264955 My Comm. Expires Nov 20, 2022 Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Signature of Notary Public ©2019 National Notary Association 4 CIACED1LandDev'PROJECTS1SOMSDP 205SDR2020-0006 Amazon - ChualB & AlHOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 EXHIBIT 'A' LEGAL DESCRIPTION OF REAL PROPERTY Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: PARCEL 'A' AS SHOWN ON CERTIFICATE OF COMPLIANCE NO. 05-02 AS EVIDENCED BY DOCUMENT RECORDED AUGUST 7, 2006 AS INSTRUMENT NO. 2006-0557341 OF OFFICIAL RECORDS, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. APN: 221-015-08-00