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Home My WebLink AboutPD 2021-0004; Carlsbad Unified School District of San Diego County, California; 2022-0438483; 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# 2022-0438483 1111111 11111 lllll 111111111111111 lllll lllll lllll lllll 111111111111111111 Nov 16, 2022 09:13 AM 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.: 205-220-99-00 PROJECT ID: --'-P-=-O=20=-=2:....;.1-=-0-=-0-=-04'------- PROJ ECT NAME: _N_o_rt_h....;;C_o_;_u_nt_,,_y_A_c_a..:..de..:..m__,_y __ _ HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 529-4A) for development to occur on property more particularly described as (see attached, Exhibit "A"), I/We, Carlsbad Unified School District of San Diego County, California, 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 th e 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:\CED\LandDev\PROJECTSIPOIPD 2021\PD2021·0004 North County Academy-Horodysk,IB & A\HOLD 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 having an interest in all or any part of the property described herein. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill 2 O:ICED\LandDev\PROJECTS\PO\PD 20211PO2021-0004 North County Academy-Horodysk1\8 & A\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this '2.hJ day of _ __..t...:,L..!...,__,__ _________ , 20 2.2... OWNER(S) Carlsbad Unified School District of San Diego County, California APPROVED AS TO FORM: CELIA BREWER City Attorney By ~ ,,.,.-."RoNMP Assistant City Attorney City of Carlsbad ----~ . / By: _____ ,..:::;...... ___ v_,-,,f ____________ _ (Sign Here) Eric Dill, Assistant Superintendent (Print Name and Title) Date: J t MA.JL '2 , 1..D27_ 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:\CED\LandDev\PROJECTSIPDIPD 2021\PD2021-0004 North County Academy-Horodysk1\B & A\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE§ 1189 ... ¥Ji r ---·-A notary public or other officer completing this certificate verifies only the identtty of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California l\ } County of Jo_, /IJ J-' I t j 0 On ;!u (VY'. ~ J d. oJ.b before me. ~_J!l)h ,Trnttti ®:uv___J}JJ..f. Date ~ u1 1 , n tHr'f Insert Name and Title of the Offict;.~ personally appeared ______ C-=-------'l"C-"""-L..=--~'-------------------- Name(s) of Signer(s~ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ls/are subscribed to the within Instrument and acknowledged to me that he/she/they executed the same In his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s). or the entity upon behalf of which the person(s) acted, executed the Instrument. BARBARA A. WHITMER COMM. #2287695 z Notary Public • California ~ San Diego County .. Comm. Ex ·res Ma 6, 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~MW/L_rl. ~ Signature of Notary Public OPTIONAL Completing this information can deter alteration of the document ,.,Cl, fraudulent reattachment of this form to an unintended docume T Description of Attached Document Title or Type of Document:------------------,-£-------- Document Date: ____________________ _ Slgner(s) Other Than Named Above: __________ __,,£_ __________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: __________ _ Signer' ame: ___ _ o Corporate Officer -Title(s): __ _ □ C orate Officer -Tltle(s): ______ _ □ Partner -o Limited o General o artner -o Limited o General o Individual o Attorney In Fact Individual □ Attorney In Fact o Trustee o Guardian or Conservat □ Trustee o Guardian or Conservator o Other: __ o Other: Signer Is Representing: _________ _ Signer Is Representing: _________ _ 0 2019 National Notary Association 4 Q:\CEOILandDev\PROJECTS\PDIPD 2021\PD2021-0004 North County Academy-Horodysk1\B & A\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25113 EXHIBIT A LEGAL DESCRIPTION Real property in the City of San Diego, County of San Diego, State of California, described as follows: PARCEL 4 OF MINOR SUBDIVISION NO. 15-09, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARCEL MAP NO. 21374, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON AUGUST 23, 2016 AS FILE NO. 2016-7000345. APN: 205-220-99-00 First American Title Insurance Company