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Home My WebLink AboutPD 2021-0002; James Drive 3304 LLC; 2021-0564560; Hold Harmless Agreement/ReleaseRECORDING 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 DOC# 202 i-0564560 111111111!1111111111111111111!11 lllll 111111111111111111111111111111111 Aug 09, 2021 ·1 1 :57 Al\tl OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins: $0.00) PAGES: 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 2050604200 -----------PROJECT ID: PD 2021-0002 PROJECT NAME: 3304 James Drive SFD HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 529-2A) for development to occur on property more particularly described as (see attached, Exhibit "A"), I/We, James Drive 3304, 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 Q:ICED\LandDev\PROJECTSIPO\PO 2021\P02021-0002 3304 James Dr· Rick\B & A\HOLO HARMLESS AGREEMENT DRAINAGE.doc 01/25113 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. Ill /II /II Ill /II Ill Ill /II Ill Ill Ill /II Ill /II Ill Ill Ill Ill Ill Ill /II 2 Q:ICED\LandDev\PROJECTS\PDIPD 2021\PD2021-0002 3304 James Dr-Rick\B & AIHOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this i'?J day of ::r~ , 20 ·;>._/ . APPROVED AS TO FORM: CELIA BREWER City Attorney By:~~~ Assistant City Attorney City of Carlsbad OWNER(S) James Drive 3304 LLC, a California limited liability company By: By: CW Signature SOPS LLC, a Delaware limited liability Company Its: Sole Member By: CWS SOPS MGMT LLC, a California limited liability Its: Manag· emb Donald Fontana, President (Print Name and Title) Date: By: (Sign Here) (Print Name and Title) Date: (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 Q:\CEO\LandDev\PROJECTS\POIPD 2021\P02021-0002 3304 James Dr· Rick\8 & AIHOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25113 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing thlscertifkate verifies only the identity of the indlvidual who signed the document to whkh this certificate is attached, and not the truthfulness, accuracy, or validity of that document State of California } County of S An ~!" on '14 I 3, ?o ·.1..1 Date before me, --1..:thJ:.•-"l(_.,.....,t l...,-< ... u!lcl/.<=>.~ .... "'-f.,_.,_,Nu,..v..O k-'-=~P.,,..,~-'2;,..,.__ ..., 7:1nsert Narfe and Titleo(t,e 5ff!cer personally appeared ---D~vn.......,~AIJ~-~U~)-~f-~n-i~~~~(t ____________ _ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(!O whose name((ls/afl subscribed to the within Instrument and acknowledged to me that he/s~/thy executed the same In hls/l'lfrlt~lr authorized capaclty(lel), and that by hls!J\tr/tnllr slgnatur~ on the Instrument the person{!i, or the entity upon behalf of which lhe person~ acted, executed the Instrument. ----········f MK STUCKEY Notary Public • California 2 Sa.n Diego County ~ Commission:: 2285679 - My Comm. Expires ~y 16, 2023 Place Notary Seal and/or Stomp Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph Is true and correct WITNESS my hand and official seal. Signature -f'-1~-K ....... J__,,• L_, ~....,.__'-c.....,.~ -- Signature of No;,rl/ Public 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 __________________________ _ DocumentDate: ____________________ Numberof Pages: ___ _ Slgner(s) Other Than Named Above: _____________________ _ Capaclty(les) Claimed by Slgner(s) Signer's Name: ___________ _ Signer's Name: ___________ _ a Corporate Officer -Tltle(s): _____ _ a Corporate Officer -Tlt1e(s): _____ _ a Partner -a Limited □ General a Partner -□ limited □ General a lndlVldual □ Attorney In Fact a Individual a Attorney In Fact a Trustee □ Guardian or Conservator a Trustee a Guardian or Conservator □ Other: a Other: _____________ _ Signer Is Representing: ________ _ Signer Is Representing: ________ _ 0 2019 National Notary Association 4 Q:\CED\LandDev\PROJECTS\POIPO 2021\PO2021·0002 3304 James Or -Rick\B & AIHOLO HARMLESS AGREEMENT ORAINAGE.doc 01125113 PARCEL "C" IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS SHOWN AT PARCEL MAP NO. 11661, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 14, 1981. APN: 205-060-42-00