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HomeMy WebLinkAboutCT 14-09; Shea Homes Limited Partnership; 2018-0250682; 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# 2018-0250682 111111111111 lllll 111111111111111111111111111111111111111111111 IIII IIII Jun 20, 2018 02:55 PM OFFICIAL RECORDS Ernest J. Dronen burg, Jr., 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.: JSb 213-262-06-00 213-262-07-00 213-262-08-00 213-262-09-00 PROJECT ID: CT 14-09 ------------PROJECT NAME: Uptown Bressi Lot 1 -~---------- HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 502-SC) for development to occur on property more particularly described as (see attached, Exhibit "A"), I/We, Shea Homes Limited Partnership, a California limited partnership, 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 1 I\FILES01V\Departments\CED\LandDev\PROJECTS\CnCT 14\CT 14-09 Uptown Bressi -Rick\DWG 502-SC Precise grading resident,al\B&A DWG 502-SC (GR2018- 0004)\HOLD HARMLESS AGREEMENT DRAINAGE (DWG 502-SC) doc 01/25/13 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 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 2 IIFILES01V\Departments\CED\LandDev\PROJECTS\CnCT 14\CT 14-09 Uptown Bressi -RicklDWG 502-8C Precise grading residential\B&A DWG 502-8C (GR2018- 0004)\HOLD HARMLESS AGREEMENT DRAINAGE (DWG 502-8C) doc 01/25/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this \ l ~ day of __ _____.~ ............. -------' 20 '.d:-O\ c OWNER(S) APPROVED AS TO FORM: CELIA BREWER City Attorney By~!~ Assistant City Attorney City of Carlsbad Shea Homes Limited Partnership, a California limited ::rtneffi~ (Sign Here) Paul Barnes, Vice President (Print Name and Title) Date: By: ~ (Sig~ Date: '-=5/ll/t8 (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 I\FILES01V\Departments\CED\LandDev\PROJECTSICTICT 14\CT 14-09 Uptown Bressi -Rick\DWG 502-SC Precise grading residential\B&A DWG 502-SC (GR2018- 0004)\HOLD HARMLESS AGREEMENT DRAINAGE (DWG 502-SC).doc 01/25/13 EXHIBIT "A" LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITU A TED IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: LOT 1 OF CITY OF CARLSBAD TRACT NO. 14-09 UPTOWN BRESSI RANCH, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP NO. 16253, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 9, 2018. 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 5',lN\ C},1,Q~ ) , On v:Y\cu& I I'*' it? I K before me, PA¥ \VAS, ~rlt Ru bl: c DatJ r\ re Insert Name and tie of the Officer personally appeared ::t:.ctU l ~ rnJ _s&V\lV'\ d) ~ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ~are subscribed to the within instrument and acknowledged to me that -hel'she/they executed the same in ~/their authorized capacity(ies), and that by ~/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ~~........ PATTY RIVAS l L .. · ·. eommisSion No. 2130542 ~ . !I! NOTARY PUBLIC· CALIFORNIA ~ 0 SAN DIEOO COUNTY ~ t Commi1Sion ElcpreS ~ 13, 201~ j Place Notary Seal Above I certify under PENAL TY 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 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: ____________ _ Signer's Name: ____________ _ D Corporate Officer -Title(s): ______ _ D Corporate Officer -Title(s): ______ _ D Partner -D Limited D General D Partner -D Limited D General D Individual D Attorney in Fact D Individual D Attorney in Fact D Trustee D Guardian or Conservator D Trustee D Guardian or Conservator D Other: _______________ _ D Other: _______________ _ Signer Is Representing: _________ _ Signer Is Representing: _________ _ ©2014 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 4 ' \IFILES01V\Departments\CED\LandDev\PROJECTSICTICT 14\CT 14-09 Uptown Bressi -Rick\DWG 502-BC Precise grading residential\B&A DWG 502-BC (GR2018- 0004)\HOLD HARMLESS AGREEMENT DRAINAGE (DWG 502-BC).doc 01/25/13