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Home My WebLink AboutPD 2021-0043; CW Signature F1 LLC; 2023-0063137; 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. Carl sbad, CA 92008 DOC# 2023-0063137 111111111111 lllll 11111111111111111111 lllll lllll lllll 11111111111111 1111 Mar 13, 2023 09:30 AM OFFICIAL RECORDS JORDAN Z. MARKS, 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. : 156-200-28-00, 156-20-29-00, 156-200-30-00, 156-200-31-00, 156-200-32-00 PROJECT ID: -'P--=D:...=20:..::2:...:..1---=0-=-04..:....:3:.....:(~C--'-T--=8-=-0--'4-=--6 )c___ PROJECT NAME: _H_i_..g_hl_a_nd_D_r._5_L_o_t_S_F_R __ _ HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 534-?A) and improvement plan (GR2021-0044) for development to occur on property more particularly described as (see attached, Exhibit "A"), I/We, CW Signature F1 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 1 Q:ICED\Admin\B&A\PROJECTSIPD 2021-0043 (CT 80-46); GR2021-0044 -Highland Dr 5_D.R\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 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 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 /II 2 Q:ICED\Admin\B&AIPROJECTSIPD 2021-0043 (CT 80-46); GR2021-0044 • Highland Dr 5_D.R\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this ] fl) day of R;bru.4q , 20 ~ . APPROVED AS TO FORM: CINDIE MCMAHON City Attorney By: luM-~ Senior Assistantettyttomey City of Carlsbad OWNER(S) CW Signature F1 LLC., a Delaware limited liability company By: By: CWS FUND1 MGMT LP., a California limited partnership Its: Managing Member By: CW Proj Mgmt LLC., a California limited liability f~~~=~~,w~ (S Don 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:\CED\Admin\B&AIPROJECTSIPD 2021-0043 (CT 80-46); GR2021-0044 -Highland Dr 5_D.RIHOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 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 certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Californ la } County of ban O) ~ 0 On Vcbru4QJ. l , io~ before me, ______:V___:_:1 ck=-· +-u _k_. _M_/Jf_l o __ ~ Date ~ Fi (-/ere lhsert Name and Title of the Officer personally appeared _______ lfl __ 'l _O'}) __ -n_tl/l __ 4,~✓~------------ 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(les), and that by his/her/their slgnature{s) on the Instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. eoeeeeeel VICKY H. MARIO Notary Public · California : San D11!90 County ! Commission# 2389658 y Comm. Expim Jan 5, 2026 Place Notary Seo/ 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 offlclal seal. ture of Notary Pub/le 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: _____________________ _ Capacltl/(les) Clalmed by Slgner(s) Signer's Name: ___________ _ Signer's Name: ___________ _ □ Corporate Officer -Tltie(s): ______ _ □ Partner -□ Limited □ General □ Corporate Officer -Tltle(s): ______ _ □ Partner -□ Limited □ General a Individual a Attorney In Fact a Individual a Attorney In Fact □ Trustee a Guardian or Conservator □ Trustee □ Guardian or Conservator □ Other: □ Other: Signer Is Representing: ________ _ Signer ls Representing: ________ _ 0 2019 National Notary Association 4 Q:\CED\Admin\B&A\PROJECTS\PD 2021-0043 (CT 80-46); GR2021-0044 -Highland Dr 5_D.RIHOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 "EXHIBIT A" LEGAL DESCRIPTION Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: PARCEL 1: LOTS 1, 2, 3, 4 AND 5 OF CARLSBAD TRACT NO. 80-46, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 10595, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 16, 1983. PARCEL 2: LOT 6 OF CARLSBAD TRACT NO. 80-46, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 10595, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 16, 1983. APN: 156-200-28-00 (Lot 1), 156-200-29-00 (Lot 2), 156-200-30-00 (Lot 3), 156-200-31-00 (Lot 4) and 156-200-32-00 (Lot 5)