HomeMy WebLinkAboutCDP 2022-0067; LB Beach Properties LLC; 2024-0154778; 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# 2024-0154778
111111111111 lllll 111111111111111111111111111111 IIIII IIIII IIIII IIII IIII
Jun 20, 2024 09:14 AM
OFFICIAL RECORDS
JORDAN Z. MARKS
SAN DIEGO COUNTY RECORDER
FEES: $0.00 (SB2 Atkins: $0.00)
PAGES: 5
SPAC-E ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO. : 206-012-06-00 --------------PROJECT ID: CDP 2022-0067
PROJECT NAME: La Bounty Residence -3950
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City's approval of a drainage plan (DWG 545-7A) and improvement plan
(DWG 545-7) for development to occur on property more particularly described as (see attached, Exhibit
"A"), I/We, LB Beach Properties, LLC., a California limited liability company, the owner(s) of said
property, promise to indem.nify 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.
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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.
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Q:\CED\Adm,n\B&AIPROJECTSICDP 2022-0067, RO'N2023·0734; GR;>023-0040 LaBwnty Residence -3950_.D RIHOLD HARMLESS AGREEMENT DP.AINAGE.doc
IN WITNESS WHEREOF, the undersigned has executed this instrument this--~--day of
::]"""'t.&.U..t_ 20 2-4 .
APPROVED AS TO FORM:
CINDIE MCMAHON
City Attorney
Se r Assistant City Attorney
City of Carlsbad
LB BEACH PROPERTIES, LLC., a California limited liability company
By:
Paul E. LaBounty -Member
(Print Name and Title)
D;:ite:
By:
~Here)
Judith A. LaBounty -Member
(Print Name and Title)
Date: G/~/2o2-"f-
(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.)
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Q:ICED\Admin\B&A\PROJECTS\CDP 2022-0067; ROW2023-0734; GR2023-0040 -LaBounty Residence -3950_0.RIHOLD HARMLESS AGREEMENT DRAINAGE.doc
ACKNOWLEDGMENT
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 _ ____.0'""'2_.j p.._8"'"'l1-1..._02_'1---'-----before me, Connor Knack, Notary Public
(insert name and title of the officer)
personally appeared 'Po..v\ £ LC-\BouVli . Lo.~'11'\
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.
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 ______ ____.,,LLC__,c,__--=--------(Seal)
EXHIBIT A
LEGAL DESCRIPTION
Real property in the City of Carlsbad, County of San Diego, State of California, described as follows:
LOT 6, BLOCK "L", AS SHOWN ON THAT CERTAIN MAP ENTITLED PALISADES, WHICH MAP WAS FILED
IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP NO 1747, FILED ON FEBRUARY 5, 1923.
APN: 206-012-06-00