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HomeMy WebLinkAboutCT 05-12; Ocean Street 8 Owner LLC; 2013-0451266; Hold Harmless Agreement/Releasei RECORDING 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 DOCtt 2013-045 llllllllll lilllllllllillllllllll JUL 19, 2013 10:08 AM OFFICIAL RECORDS SAN DIEGQ COUNTY RECORDER'S OFFICE Ernest J. Dionenburg. Jr., COUNTY RECORDER FEES: 0.00 PAGES: 2GG lllllll SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO. PROJECT ID PROJECT NAME RELATED PROJECT ID: 203-010-12, 203-010-15 CT 05-12 Ocean Street Residences HOLD HARMLESS AGREEMENT DRAINAGE in consideration of the City's approval of a drainage plan(s) (DWG 476-9A) for development to occur on property more particularly described as (see attached, Exhibit "A", lAA/e, Ocean Street 8 Owner, LLC^ the owners 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\LandDev\PROJECTS\CT\CT 05\CT 05-12 Ocean Street Residences - Levy\Bonds and Agreement\HOLD HARMLESS AGREEMENT DRAINAGE DWG 476-9A.doc 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\LandDev\PROJECTS\CT\CT 05\CT 05-12 Ocean Street Residences - Levy\Bonds and Agreenient\HOLD HARMLESS AGREEMENT DRAINAGE DWG 476-9A.doc IN WITNESS WHEREOF, the undersigned has executed this instrument this day of OT'^^''^^ 20 ^3 . ^ OWNER(S) Ocean Street 8 Owner, LLC, a Delaware limited liability company By; Zephyr Partners-Re, LLC, a California limited liability company, Its Manager APPROVED AS TO FORM: CELIA BREWER City Attorney By: ' 'RON KEMP \ Assistant City Attorney By: (Sign Here) Brad Termini, Manager (Print Name and Title) Date: 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. Othen/vise, 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.) Q;\CED\LandDev\PROJECTS\CT\CT 05\CT 05-12 Ocean Street Residences - Levy\Bonds and Agreement\HOLD HARMLESS AGREEMENT DRAINAGE DWG 476-9A.doc LEGAL DESCRIPTION Real property in the Qty of Carlsbad, County of San Diego, State of Califomia, described as follows: THAT PORTION OF LOT "A" OF GRANVILLE PARK UNIT NO 2. ACCORDING TO MAP THEREOF n?JP-^ PORTION OF UGUNA DRIVE OF GRANVILLE PARK ADJACENT TT1ERET0 (VACATED BY RESOLUTION NO. 918 OF THE CITY COUNCIL OF THE CITY OF CARLSBAD CALIFORNIA, RECORDED JULY 19, 1963 AS DOCUMENT NO. 126793, RECORDS OF SAN DIEGO COUNTY CALIFORNIA) ACCORDING TO MAP THEREOF NO. 1782 - ALL IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA AND FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of i>f\A VVC^ On CNVAKS) Mvc^l?> beforeme, Dat^ personally appeared _} h^re Insert Nanra and Title of th# Officer I Name(s) of Slgner(s) LINDSAY KIKO BONAR Commission # 1986326 Notary Public • Cilifornia San Diego County A^ My Comm. Expires Jul 27.20161 who proved to me on the basis of satisfactory evidence to be the person^i^ whose namejl^ is/a^ subscribed to the within instrument and acknowledged to me that he/sb^jHS^ey executed the same in his/fifeiytQeir authorized capacity(il^, and that by hls/h^fttt^ir signature on the instrument the persorii(i^, or the entity upon behalf of which the personj)i^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 Place Notary Seal Above Signature. OPTIONAL - and official seal. 'Signature of Notary Putjiic Though the infonnation beiow is not required by iaw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this fbrm to another document Description of Attached Document Title or Type of Document: Document Date: ^ Number of Pages: Slgner(s) Other Than Named Above: Capaclty(ies) Claimed by Signer(s) Signer's Name: • Individual • Corporate Officer —Tltle(s): • Partner — • Limited • General • Attorney In Fact • Trustee • Guardian or Conservator • Other: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer Is Representing:. Signer's Name: • Individual • Corporate Officer — Tltle(s): • Partner — • Limited • General • Attorney In Fact • Trustee • Guardian or Consen/ator • Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here ©2007 National Notary Association •9350 DeSoto Ave., P.O. Box 2402* Chatsworth, CA 91313-2402 •www.NationalNotary.org ltem#5907 Reorder. Call Toil-Ftee 1-800-876-6827 Q:\CED\LandDev\PROJECTS\CT\CT 05\CT 05-12 Ocean Street Residences - Levy\Bonds and Agreement\HOLD HARMLESS AGREEMENT DRAINAGE DWG 476-9A.doc