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Home My WebLink AboutCD 2017-0003; Kaiser Foundation Health Plan Inc; 2018-0376766; 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# 2018-0376766 111111111111 lllll 111111111111111111111111111111 IIIII IIIII IIIII IIII IIII Sep 11, 2018 04:15 PM OFFICIAL RECORDS Ernest J. Dronen burg, Jr, 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.: 214-450-19 ~ PROJECT ID: -----=-c-=o-=--20=-1=7--,:_o-=-o-,:--03:--c/D=-cE=v-=2-=-0-,-,17,---0-,--0,-,2-4- ~ PROJECT NAME: Kaiser Carlsbad Parking Lot Expansion HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 504-2A) and improvement plan (DWG 504-2A) for development to occur on property more particularly described as (see attached, Exhibit "A"), I/We, Kaiser Foundation Health Plan, Inc., a California Corporation, 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\LandDev\PROJECTSICD\CD 2017\CD2017-C003 Kaiser Carlsbad Park,ng Lot Expans,on -Rick\BONDS AND AGREEMENTSIHOLD HARMLESS AGREEcM~NT DRAINAGE doc 01125113 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 rree now lo a salisf aclory poinl or 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 Ill 2 Q \CED\LandDavlPROJECTS\CDICD 20171CD2017-0003 Kaiser Carlsbad Parking Lot Expansion -RicklBONDS AND AGREEMENTSIHOLD HARMLESS AGREEMENT DRAINAGE doc 01125/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this "25' day of Jwt '( , 2o_Lt/ __ _ APPROVED AS TO FORM: CELIA BREWER City Attorney Byw~ RON KEMP Assistant City Attorney City of Carlsbad OWNER(S) Kaiser Foundation Health Plan, Inc., a California Corporation By ~~clC~.U. __ (Sign Here) Koi\oJ d1 (! ~ S·mt~, Vice President · (Prim N~me and Title) Date: -:JvlJ 2-S-J 2QL3._. ___ _ 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:ICED\LandDevlPROJECTS\CDICD 2017\CD2017-0003 Kaiser Carlsbad Parking Lot Expansion -Rick\BONDS AND AGREEMENTS\HOLD HARMLESS AGREEMENT DRAINAGE doc 01/25/13 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 Los Angeles On this Jc;#"-day of~------' 2018, before me, Laura J Mahaffey, a Notary Public, personally appeared RONALD C. SMITH, who proved to me on the basis of satisfactory evidence to be the person, whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. 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 official seal. TITLE OF THE DOCUMENT: Prc~~C'.cf DATE OF DOCUMENT: =?/2:s/2 5( I I LAURA J. MAHAFFEY Notary Public -California Los Angeles County J Commission# 2137197 My Comm. Expires Dec 17, 2019 NUMBER OF PAGES:_-,~f----- LEGAL DESCRIPTION Real property in the City of Carlsbad, County of San Diego, State of california, described as follows: LOTS 11, 12 AND 13 OF CARLSBAD TRACT NO. 81-5, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 10899, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 11, 1984, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID LOT 11, THENCE ALONG THE NORTHWESTERLY LINES OF SAID LOTS 11 THROUGH 13, INCLUSIVE, THE FOLLOWING COURSES: NORTH 17°13'30" WEST 257.36 FEET AND NORTHWESTERLY 292.63 FEET ALONG THE ARC OF A CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 1742.00 FEET THROUGH A CENTRAL ANGLE OF 09°37'29" TO THE NORTHWESTERLY CORNER OF SAID LOT 13; THENCE ALONG THE NORTHWESTERLY LINE OF SAID LOT NORTH 63°09'01" EAST 207.96 FEIT TO THE NORTHEASTERLY CORNER OF SAID LOT; THENCE ALONG THE SOUTHEASTERLY LINE OF SAID LOTS 11 THROUGH 13 INCLUSIVE, THE FOLLOWING COURSES: SOUTH 27°50'22" EAST 368.41 FEET AND SOUTH 28°48'54" EAST 225.88 FEET TO THE SOUTHEASTERLY CORNER OF SAID LOT 11; THENCE ALONG THE SOUTHEASTERLY LINE OF SAID LOT SOUTH 72°46'30" WEST 293.75 FEET TO THE POINT OF BEGINNING. EXCEPT THEREFROM ALL MINERAL RIGHTS NOT HERETOFORE OTHERWISE CONVEYED OR RESERVED INCLUDING WITHOUT LIMITATION ALL OIL, GAS, HYDROCARBON AND SIMILAR RIGHTS AND ALL WATER RIGHTS, GEOTHERMAL STEAM AND STEAM POWER, WITHIN OR UNDERLYING SAID LAND, TOGETHER WITH THE PERPETUAL RIGHT OF DEVELOPMENT THEREOF, PROVIDED, HOWEVER, THAT THE RIGHTS HEREIN EXCEPTED DO NOT INCLUDE THE RIGHT TO ENTER UPON THE SURFACE AND THE TOP 500.00 FEIT OF THE SUBSURFACE OF THE REAL PROPERTY, AS RESERVED BY OCCIDENTAL LAND, INC., WHO ACQUIRED TITLE AS OCCIDENTAL PETROLEUM LAND AND DEVELOPMENT CORPORATION, A CALIFORNIA CORPORATION IN DEED RECORDED APRIL 28, 1981, AS FILE NO. 81-128449 OF OFFICIAL RECORDS AND BY J. LARRY BALLARD, A MARRIED MAN AS HIS SOLE AND SEPARATE PROPERTY IN DEED RECORDED APRIL 28, 1981, AS FILE NO. 81-128451 OF OFFICIAL RECORDS. THE LEGAL IS MADE PURSUANT TO THAT CERTAIN CERTIFICATE APPROVING A LOT LINE ADJUSTMENT, CERTIFICATE NO. 2276, RECORDED FEBRUARY 25, 1985, AS INSTRUMENT NO. 85-061022 OF OFFICIAL RECORDS. APN: 214-450-19-00