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Home My WebLink AboutCT 14-10; ; 2019-0144790; Hold Harmless Agreement/Release·.., RECORDING IS REQUESTED FOR THE BENEFIT OF THE CITY OF CA.RLSBAD WHEN RECORDED MAIL TO City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr Ca~sbad, CA 92008 DOC# 2019-0144790 111111111111 lllll 11111111111111111111111111111111111 IIIII IIIII IIII IIII Apr 22, 2019 11 :37 AM OFFICIAL RECORDS Ernest J Dronenburg, Jr, SAN DIEGO COUNTY RECORDER FEES SO 00 (S82 Atkins $0.00) PAGES. 5 SPACE ABOVE THIS LINE FOR RECORDER'S USF ASSESSOR'S PARCEL NO.: 215-020-07-00 215-050-21-00 ):}d PROJECT ID: _C_T_14_-1_0 ______ _ PROJECT NAME: Poinsettia 61 HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 507--2D) for development to occur on property more particularly described as (see attached, Exhibit '°A'\ I/We, Lennar Homes of California, Inc., a California corporation, the owner(s) of said property, promise to indemnify and to hold the City of Carlsbad, its officers, agents and em;:.iloyees harmless from liability for injuries to persons, or damage to or taking of property, directly o~ 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 pla:is. Approval of the plans by the City shall not constitute an assumption by tt,e 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 111 this agreement. 01125113 It is further agreed that the above owner(s) will maintain all drainage systems tc 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. /II /II Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill /II Ill Ill Ill Ill Ill Ill Ill 2 01/25/13 u~ IN WITNESS WHEREOF, the undersigned has executed this instrument this -----i:i>---- day of _ __.l\----'--1.'y ..... c_,_,...._\ ________ , 20__,l_,9'----- APPROVED AS TO FORM: CELIA BREWER City Attorney By~%: Assistant City Attorney City of Carlsbad OWNER(S) Lennar Homes of California, Inc., a California corporation By: ~- (Sign Here) (Print Name and Title) Date: By: ( int 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 01/25/13 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT 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 ORANGE ) On April 4, 2019 before me, Debra J. Peloza, Notary Public, personally appeared Adam Sheehan and Anita Davey who proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signature on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. 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. Signature~~g-~,~ I..._ DEBRA J. PELOZA COMM. #2198310 z Notary Public -California ~ Orange County - Comm. Ex ires June 8, 2021 (Seal) EXHIBIT "A" The land referred to in this Commitment is situated in the City of Carlsbad, County of San Diego, State of California, and is described as follows: PARCEL 1: THE NORTH 11 ACRES OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY THEREOF. PARCEL 2; THE NORTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN Tl-f E CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY THEREOF. EXCEPTING THEREFROM, THE NORTH 11 ACRES. APN: 215-050-21-00 (Parcel 1); 215-050-22-00 (Parcel 2)