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Home My WebLink AboutCT 2016-0002; TH State Street LLC; 2018-0295060; 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. l W' Carlsbad, CA 92008 t"' DOC# 2018-0295060 11111111111111111111111111111111 lllll 111111111111111111111111111111III Jul 19, 2018 02:29PM OFFICIAL RECORDS Ernest J Dronen burg Jr SAN DIEGO COUNTY RECORDER FEES: $0.00 (S82 Atkins: $0.00) PAGES: 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 203-054-25-00 ------------PROJECT ID: CT 2016-0002 :f;P PROJECT NAME: _T_o_w_n_H_o_u_s_e ______ _ HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 509-8A) and improvement plan (DWG 509-8A) for development to occur on property more particularly described as (see attached, Exhibit "A"), I/We, TH State Street, 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 1 Q ICED\LandDevlPROJECTSICT\CT 16\CT 2016-0002 Town House -Chua\B&AIHOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 r i 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 Ill 2 Q \CEDILandDev\PROJECTS\CT\CT 16\CT 2016-0002 Town House -Chua\B&A\HOLD HARMLESS AGREEMENT DRAINAGE doc 01/25/13 I uc IN WITNESS WHEREOF, the undersigned has executed this instrument this----"--- day of ___ fl_J_J_N_~----' 20_\_i!i __ I OWNER(S) TH State Street, LLC, a California limited liability company APPROVED AS TO FORM: CELIA BREWER City Attorney By ~KdP \w* Assistant City Attorney City of Carlsbad By: Date: By: Date: n:r=4s ~ (Sige) Mark Benjamin, Member (Print Name and Title) (Sign Here) (Print Name and Title) (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 Q \CED\LandDev\PROJECTS\CTICT 16\CT 2016-0002 Town House -Chua\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. • _Her~nsert Name and Titt personally appeared ---¥----V-,'--'----"----""'--"------'---¥-"--'m------'---'-l-'----('\--~---------------- Name(s) of Signer(s) Place Notary Seal Above ---------------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: ____________ _ 0 Corporate Officer -Title(s): ______ _ 0 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 Q ICEO\LandDevlPROJECTSICnCT 16\CT 2016-0002 Town House -Chua\B&AIHOLD HARMLESS AGREEMENT DRAINAGE doc 01/25/13 .. 4 I • EXHIBIT 'A' LEGAL DESCRIPTION OF REAL PROPERTY Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: PARCEL 1: All of Lot 6 of Seaside Lands, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 1722, filed in the Office of the County Recorder of San Diego County, July 28, 1921. EXCEPT the Southerly 51 feet, the Northerly line of said Southerly 51 feet being parallel with the dividing line between Lots 5 and 6 in said Seaside Lands. PARCEL 2: The Southeasterly half of Lot 7 in Seaside Lands, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 1 722, filed in the Office of the County Recorder of San Diego County, July 28, 1921. APN: 203-054-25-00 (End of Legal Description)