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Home My WebLink AboutCDP 14-05; Tierra Del Oro LLC; 2016-0210130; 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# 2016-0210130 llllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll May 04, 2016 08:59 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00 PAGES: 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE AS~SSOR'S PARCEL NO.: --=.2..:....:1 0=--2=-=0=--0.::....:8::.__ _____ _ ,1J_?) PROJECT 10: -=C=-DP~14::--0=:.::5=-------~~ PROJECTNAME: ~T~ie~r~ra.::....:D=..:e~I~O~r~o __________ _ HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 487-2A) for development to occur on property more particularly described as (see attached, Exhibit "A"), 1/We, Tierra Del Oro, LLC, 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. It is further agreed that the above owner(s) will maintain all drainage systems to insure a 1 IIFILES01V\Departments\CED\LandDev\PROJECTS\CDP\CDP 14\CDP 14-05 Tierra Del Oro Residence-Bobbett\B&AIHOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 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 Ill 2 IIFILES01V\Departments\CED\LandDev\PROJECTS\CDP\CDP 14\CDP 14-05 Tierra Del Oro Residence Bobbett\B&AIHOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 IN WITNES'S WHEREOF, the undersigned has executed this instrument this 2~ day of I , 20 / ~ . APPROVED AS TO FORM: CELIA BREWER City Attorney By ne£Q! ZfiliNKEMpF Assistant City Attorney City of Carlsbad OWNER(S) Tierra Del Oro, LLC, Gary Moyer, General Council and Chief Development Officer, Tierra Del Oro, LLC (Pr"nt Name and Title) Date: 6 (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 \IFILES01V\Departments\CED\LandDev\PROJECTSICDPICDP 14\CDP 14-05 Tierra Del Oro Residence-Bobbett\B&A\HOLD HARMLESS AGREEMENT DRAINAGE doc 01/25/13 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 """"<J,L,.v~'·r,""""~~-n-"L'-.· .,_· t""';,-~]'-'v"-·· _____ _ who proved to me on the basis of satisfactory evidence to be the person(eJ whose name{-5) is/are subscribed to the within instrument and acknowledged to me that he/·slwilFie-y executed the same in his/F1ed.t.f:fek authorized capacity(te&), and that by his/~Bif.signature(sj on the instrument the person(sf, or the entity upon behalf of which the person(sl acted, executed the instrument. LAUREN E. DOUCETTE Commission # 2099785 ~ . Notary Public -California ~ z San Diego County ~ t ;·~ ~ .. Mx~owrz· ;xeu;stez L0}~1 i!l Place Notary Seal 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 official seal. ----------------------------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 Docur;tent , 1 , _ _ ,, , ~ f>yz:·/ . .(~it'-<-' ~>' Title or Type of Document: '/;1" ,-\, N'C!./l '111: l.t'<1:.(, (,\(,:i;H r Documefht Date: Number of Pages: _j2_ __ ,Signer(s) Other Tha~ N~med Above: __ _l·ti~i"v{~~======-~-= Capacity(ies) Claimed by Signer(s) Signer's Name: 0 Corporate Officer -Title(s): ______ _ 0 Partner - 0 Limited 0 General 0 Individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: _________ _ Signer's Name: 0 Corporate Officer -Title(s): ______ _ 0 Partner - 0 Limited D General D Individual D Attorney in Fact D Trustee 0 Guardian or Conservator D Other:--~------------------ Signer Is Representing: ______ _ (("l2014 National Notary Association • www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 4 \\FILES01V\Departments\CED\LandDev\PROJECTS\CDP\CDP 14\CDP 14-05 Tierra Del Oro Residence-Bobbett\B&A\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 For APN/ParceiiD(s): 210-020-08-00 EXHIBIT "A" Legal Description Lot 8 of Tierra Del Oro, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 3052, filed in the Office of the County Recorder of San Diego County, February 4, 1954. Excepting that portion now or heretofore lying below the mean high tide line of the Pacific Ocean. CLTA Preliminary Report Form· Modified (Adopted: 11.17.2006) Printed: 05.05.15@ 08:49AM CA-CT-FWD0-02180.055820-SPS-1-15-73715006715