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Home My WebLink AboutSDP 2020-0005; El Salto Falls LLC; 2023-0038906; Hold Harmless Agreement/Release.. 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 DOC# 2023-0038906 111111111111 lllll 11111111111111111111111111111111111 IIIII 1111111111111 Feb 15, 2023 09:35 AM OFFICIAL RECORDS JORDAN Z. MARKS, SAN DIEGO COUNTY RECORDER FEES: $26.00 (SB2 Atkins: $0.00) PAGES: 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: _1---'6'-7--0'-4....;.0_-4_9_-0_0 _____ _ PROJECT ID: SOP 2020-0005 PROJECT NAME: Children's Paradise Preschool HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 536-?A) and improvement plan (DWG 536-7) for development to occur on property more particularly described as (see attached, Exhibit "A"), I/We, El Saito Falls, 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. 1 Q ICED\Admtn\B&AIPROJECTSISDP 2020-0005, GR2022-0009 • Children's Parada,se School E EIHOLD HARMLESS AGREEMENT DRAINAGE doc 01125/13 - 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. Ill /II Ill /II /II /II Ill Ill /II Ill /II Ill /II Ill Ill /II /II Ill 2 Q ICED\Adm,n\B&AIPROJECTSISOP 2020.ooos, GR2022-0009 · Children's Parada,se School E EIHOLD HARMLESS AGREEMENT DRAINAGE doc 01/25/13 - IN WITNESS WHEREOF, the undersigned has executed this instrument this LP 1!:!, day of -,20 ,-Z?? . APPROVED AS TO FORM: CINDIE MCMAHON City Attorney By ~w RQNKEMp OWNER(S) Date: By: Date: Senior Assistant City Attorney City of Carlsbad David H. Lowen -Member (Print Name and Title} Julie A. Lowen -Member (Print Name and Title) (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\Admin\B&AIPROJECTS\SDP 2020-0005, GR2022-0009 • Children's ParadaIse School E E\HOLD HARMLESS AGREEMENT DRAINAGE doc 01125113 - CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this ccrttticate is attachad, and not the truthfulness, accuracy, or validity of that document. State of California County of S o...i'-'t>\~C On _ _,_~_e;,..(.,..:....c.~_b~, -~--~-----'-~-before me, Date 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) ls/are subscribed to the within Instrument and acknowledged to me that ~l,e/they executed the same In bia/.l)er/thelr authorized capaclty(les), and that by h~li}rithelr signature(s) on the Instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the Instrument. i········••=• JAMES L. HAGAR : • Notary Public • Callfornla ~ i San Dleto County I Commission # 2◄26513 - liif Comm. Expires Nov 12, 2026 Place Notary Seal ond/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~£ ~~ Signature of Not~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: __ Document Date: Number of Pages: Slgner(s) Other Than Named Above: ___________ _ Capaclty(les) Claimed by Slgner(s) Signer's Name: ______ _ Signer's Name: o Corporate Officer -Tltle(s): ______ _ o Corporate Officer -Tltle(s): o Partner -o Limited o General o Partner -o Limited o General o Individual o Attorney In Fact o Individual o Attorney In Fact o Trustee □ Guardian or Conservator o Trustee o Guardian or Conservator o Other: ______________ _ D Other: ______________ _ Signer Is Representing: _________ _ Signer Is Representing: _________ _ 0 2019 National Notary Association 4 Q ICEO\Adm1n\8&AIPROJECTSISDP 2020-0005, GR2022-0009 . Children's ParadaIse School_E EIHOLD HARMLESS AGREEMENT DRAINAGE doc 01/25/13 Order Number: DTR-6048692 (06) Page Number: 9 LEGAL DESCRIPTION Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: LOT 7 OF THE CARLSBAD TRACT CT 11-04, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 16038, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, JULY 10, 2015 AND AMENDED PURSUANT TO THAT CERTAIN CERTIFICATE OF CORRECTION RECORDED SEPTEMBER 10, 2019 AS INSTRUMENT NO. 2019-0391633 OF OFFICIAL RECORDS. APN: 167-040-49-00 First American Title