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HomeMy WebLinkAboutSDP 2021-0029; Ionis Lots 21 and 22 Owner (DE) LLC; 2024-0272356; Hold Harmless Agreement/ReleaseRECORD/NG 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# 2024-0272356 111111111111 lllll 111111111111111 lllll 111111111111111111111111111111111 Oct 09, 2024 01 :24 PM 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.: 209-120-23-00; 209-120-24-00 PROJECT ID: SDP 2021-0029 PROJECT NAME: lonis Lots 21 and 22 -Pedestrian Bridge Improvements HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 540-7C) and improvement plan (DWG 540-7() for development to occur on property more particularly described as (see attached, Exhibit "A"), I/We, Lots 21 & 22 Owner (DE), 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 occurring during the 1 Q:ICED\Admin\B&A\PROJECTSISDP 2021-0029; ROW; GR2023-0016 -lonis Pedestrian Bridge lmprovements-N.FIHOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25113 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 I II Ill Ill I II Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill 2 Q:ICED\Admin\B&A\PROJECTSISDP 2021-0029; ROW; GR2023-0016-lonis Pedestrian Bridge lmprovernents-N.FIHOLD HARMLESS AGREEMENT DRAINAGE.doc 01125/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this ']... '2 day of ¾"'""' , 20_"2-~'\_,,~-- APPROVED AS TO FORM: CINDIE MCMAHON City Attorney Ass t City Attorney City of Carlsbad LOTS 21 & 22 OWNER (DE), LLC., a Delaware limited liability company By: (Sign Here) Lauren Krause -Vice President (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\AdminlB&AIPROJECTSISDP 2021-0029; ROW; GR2023-DD16 lonis Pedestrian Bridge lmprovements-N.F\HOLD HARMLESS AGREEMENT DRAINAGE doc 01/25113 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the Identity of the indlvidual who signed the document to which this certificate ls attached, and not the truthfulness, accuracy, or validity of that document State of Call{o_rnla 1 County of Xtf'l /1lw1' 'I \c.., on M<jll) I 9) I Jo?~ before me, jJf<V /2,/w%,,, N._1ill{v) /i1h/', G ,J Dote . Here Insert Ndme and riii"e of the Offker _ _JL-<,,,<_;_""Lllll(l'te'_<,'1_1_f: 1 !_{:<:a:1:vil~'C:::C" ---=====----------personally appeared _ P :..> 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 capaclty(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. DAYVED BLACK COMM. #2374469 z Notary Public -California "' 0 ly . 9, 2025 Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph Is true and correct WITNESS my hand and offlclal seal. Signature----~-.... •~__,.~~-~------ Signature of Notary 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 TlUe or Type of Document __________________________ _ DocumentDate: ____________________ Numberof Pages: ___ _ Slgner(s) Other Than Named Above: _____________________ _ Capadty(les) Clalmed by Slgner(s) Signer's Name: ___________ _ Signer's Name: ___________ _ o Corporate Officer -Tltle(s): ______ _ o Corporate Officer -Tltle(sJ: ______ _ o Partner -o Limited □ General □ Partner -□ Limited □ General □ lndlvldual □ Attorney In Fact □ Individual □ Attorney Jn Fact o Trustee □ Guardian or Conservator o Trustee □ Guardian or Conservator o Other: _____________ _ □ Other: _____________ _ Signer Is Representing: ________ _ Signer Is Representing: ________ _ ©2019 National Notary Association 4 Q.ICED\Adm1n\B&AIPROJECTSISDP 2021-0029: ROW: GR2023-0016 lon1s Pedestrian Bridge lmprovements-N FIHOLD HARMLESS AGREEMENT DRAINAGE doc 01125/13 • • EXHIBIT "A" LEGAL DESCRIPTION Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: LOTS 21 AND 22 OF CARLSBAD TRACT NO. 97-13-03, CARLSBAD OAKS NORTH PHASE 3, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 16145, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 13, 2016 AS DOCUMENT 2016-7000438 OF OFFICIAL RECORDS. APN: 209-120-23-00 (LOT 21) and 209-120-24-00 (LOT 22) Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: PARCEL 1 OF MINOR SUBDIVISION NO. 2018-0009 JONIS CARLSBAD CAMPUS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO PARCEL MAP NO. 21705 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON AUGUST 1, 2019 AS DOCUMENT NO. 2019-7000286 OF OFFICIAL RECORDS. APN: 209-120-27-00