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HomeMy WebLinkAboutSDP 2021-0016; Carlsbad Oaks North Venture LP; 2024-0147445; 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# 2024-0147445 111111111111 lllll 111111111111111111111111111111111111111111111 IIII IIII Jun 12, 2024 09:58 AM OFFICIAL RECORDS JORDAN Z. MARKS, SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins: $0.00) PAGES: 6 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO. : 209-120-02-00 -------------PROJECT ID: SDP 2021-0016 PROJECT NAME: Carlsbad Oaks North Lot 3 HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 541-4A) and improvement plan (DWG 541-4) for development to occur on property more particularly described as (see attached, Exhibit "A"), I/We, Carlsbad Oaks North Ventures, L.P., a California limited partnership, 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:\CED\Admln\B&AIPROJECTSISDP 2021-0016; ROW202l-0034; GR202l-0003 -Ca~sbad Oaks North Lot 3 D.R\HOLD 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. 2 Q:\CED\Admin\B&A\PROJECTS\SDP 2021-0016; ROW2023-0034; GR2023-0003 -Carlsbad Oaks North Lot 3 D.R\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 - IN WITNESS WHEREOF, the undersigned has executed this instrument this _5_th __ day of June 20 24 APPROVED AS TO FORM: CINDIE MCMAHON City Attorney ------ OWNER(S) CARLSBAD OAKS NORTH VENTURES, LP., a California limited partnership By: TT ONE, INC., a California corporation Its General Partner By: (Sign Here) ~ Theodore Tchang -President (Print Name and Title) Date: June 5, 2024 By-~ -~He,aj <.. Raul Guzman -Vice President (Print Name and Title) Date: June 5, 2024 ~'~~) c.,, AL A FROST Sen r 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 Q:\CED\Admln\B&AIPROJECTSISDP 2021-0016; ROW2023-0034; GR2023-0003 -Carlsbad Oaks North Lot 3 D.RIHOLD HARMLESS AGREEMENT DRAINAGE.doc 01125113 - CALIFORNIA ALL-PURPOSE 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 California County of SAN DIEGO On June 5, 2024 before me, _N_a_n_c~y_C_._L_a_n_e'-, N_ot_a~ry~P_u_b_lic __________ ~ Date Here Insert Name and Title of the Officer personally appeared _T_h_e_od_o_r_e_T_c_h_a_n_c.g ______________________ _ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/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. eeeeeeee~ NANCY C. LANE Notary Public • California z San Diego County ! Commission# 2451928 y Comm. Expires Jul 26, 2027 Place Notary Sea/ 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 __ \...-.........c{/_~-=--..,._-~---~"""'--------Signatur(ijj.JotaryPLJMc ---------------OPTIONAL--------------- Though this section is 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: _____ _ Signer(s) Other Than Named Above: _______________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ___________ _ Signer's Name: ____________ _ □ Corporate Officer -Title(s): ______ _ □ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General □ Partner -□ Limited □ General □ Individual □ Attorney in Fact □ Individual □ Attorney in Fact □ Trustee □ Guardian or Conservator □ Trustee [J Guardian or Conservator □Other: _____________ _ □ Other: ______________ _ Signer Is Representing: _________ _ Signer Is Representing: ________ _ ~~~~~~~~~~~ ©2016 National Notary Association• www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE 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 California County of SAN DIEGO On June 5, 2024 before me, _N_a_n_c~y_C_._L_a_n_e_, _N_ot_a_ry~P_u_b_lic ___________ ~ Date Here Insert Name and Title of the Officer personally appeared _R_a_u_l _G_u_z_m_a_n _______________________ _ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/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. ········~ NANCY C. LANE Notary Public • California z San Di~o County S:: Commission # 2451928 - y Comm. Expires Jul 26, 2027 Place Notary Sea/ 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. s;gnature l./\Y:10<---~ C ~ Signatun f Notary Public ---------------OPTIONAL--------------- Though this section is 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: _____ _ Signer(s) Other Than Named Above: _______________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ___________ _ Signer's Name: ____________ _ □ Corporate Officer -Title(s): ______ _ □ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General □ Partner -□ Limited □ General □ Individual □ Attorney in Fact □ Individual □ Attorney in Fact □ Trustee □ Guardian or Conservator □ Trustee □ Guardian or Conservator □Other: ______________ _ □ Other: ______________ _ Signer Is Representing: _________ _ Signer Is Representing: ________ _ ,;,;:~'!i!<i§l<;i!,~~~~~'¼~g;,,g,~•il<;i§(j§i()'g)'.§(;i§(;.~~ ©2016 National Notary Association• www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 EXHIBIT A LEGAL DESCRIPTION Real property in the City of carlsbad, County of San Diego, State of california, described as follows: LOT 3 OF CARLSBAD TRACT NO. 97-13-1, CARLSBAD OAKS NORTH PHASE 1, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 14926, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 15, 2004. APN: 209-120-02-00