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HomeMy WebLinkAboutCT 13-02; Coastal Living 10 LLC; 2014-0260605; Hold Harmless Agreement/Releasey (il DQCtt 2014-02G0G05 lllllillllilllllilllliillliilll RECORDING IS REQUESTED JUN 23, 2014 4:59 PM FOR THE BENEFIT OF THE CITY OF CARLSBAD OFFICIAL RECORDS OF CARLSBAD SAN DIEGO COUNTY RECORDER'S OFFICE ErneslJ. Dronenburg, Jr., COUNTY RECORDER WHEN RECORDED MAILTO: FEES: 0.00 PAGES: 5 City Clerk CITY OF CARLSBAD llllllllllll 11 lllll lllll lllll IIIIIIIII IIIIIIII 1200 Carlsbad Village Dr. 1 illlli mil lllll lllll lllll lllll mil lllll mil iiiii iiiii iiiii iiiii iiiii iim iiii m Carlsbad, CA 92008 SPACE ABOVE THIS LINE FOR RECORDER'S USE 216-170-19-00 ASSESSOR'S PARCEL NO. PROJECT ID PROJECT NAME RELATED PROJECT ID: CT 13-02 Coastal 10 HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan(s) (DWG 480-5A ) for development to occur on property more particularly described as (see attached, Exhibit "A"), lA/Ve, Coastal Living 10, 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. Q:\CED\LandDev\PROJECTS\CT\CT 13\CT 13-02 Coastal 10 - Bobbett\Bonds and Agreements\HOLD HARMLESS AGREEMENT DRAINAGE (DWG 480-5A).doc 01/25/13 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. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// Q:\CED\LandDev\PROJECTS\CT\CT 13\CT 13-02 Coastal 10 - Bobbett\Bonds and Agreements\HOLD HARMLESS AGREEMENT DF(AINAGE (DWG 480-5A) doc 01/25/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this / day of 20_ APPROVED AS TO FORM: CELIA BREWER City Attorney By: y OWNER(S) Coastal Living 10, LLC, a California limited liability company BY: SJ Asset Management, Inc. ITS: Manager By: ltfofnt» corporation Salman Rabie, President, Coastal Living 10, LLC, a California limited liability company (Print Name and Title) Date: By: _ (Sign Here) (Print Name and Title) Date: JON KEMP Assistant City Attorney (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.) O:\CED\LandDev\PR0JECTS\CT\CT 13\CT 13-02 Coastal 10 - Bobbett\Bonds and Agreements\HOLD HARMLESS AGREEMENT DRAINAGE (DWG 480-6A) doc 01/25/13 File No: 313381699 EXHIBIT THE LAND REFERRED TO HEREIN IS SITUATED IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: LOT 40 OF LA COSTA - SOUTH UNIT NO. 1, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 6117, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 3, 1968. ASSESSOR'S PARCEL NUMBER: 216-170-19-00 CLTA Preliminary Report Form - Modified (11-17-06) Page 3 CALIEORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Omri^ Date personally appeared } On_^hLh^M__ beforeme, P^/J S f'/^K, /^ojT^ pcl&Uc^ Here Insert Name and Title ot/he Officer Name(s) of Signer(s) DON S. PARK Commission # 2021655 C Notary Public • Calttornia i Orang* County \ . MyConim.B»liwliia»21.a)l7L who proved to me on the basis of satisfactory evidence to be the personjj^ whose nam^ is/d»^ subscribed to the within instrument and acknowledged to me that he/s^/thd^ executed the same in his/^/t>iir authorized capacity(i!^, and that by his/fj^tjitfr signaturej^ on the instrument the personfi^, or the entity upon behalf of which the personj?^^ 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 an Place Notary Seai Above Signature OPTIONAL - Though the Information below Is not required by law, It may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name:. • Individual • Corporate Officer —Title(s): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Consen/ator • Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb fiere Signer's Name: • Individual • Corporate Officer — Title(s): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here ©2007NationalNotaryAssociation«9350l3eSotoAve.,RO.Box2402»Chatswortti,CA 91313-2402»www.NationalNolary.org ltem#5907 Reorder Call Toll-Fwe 1-800-876-6827 Q;\CED\LandDev\PROJECTS\CT\CT 13\CT 13-02 Coastal 10 - Bobbett\Bonds and Agreements\HOLD HARMLESS AGREEMENT DRAINAGE (DWG 480-5A).doc 01/25/13