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HomeMy WebLinkAboutCT 2018-0005; TMS Oak Investments 8 LLC; 2020-0022352; 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# 2020-0022352 111111111111 lllll 11111111111111111111111111111111111111111111111111111 Jan 15, 2020 01 :39 PM OFFICIAL RECORDS Ernest J. Dronenburg, 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.: 203-260-05-00 ------------PROJECT ID: CT 2018-0005 PROJECT NAME: Village Walk -~~--------- HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 513-?A) and improvement plan (DWG 513-7) for development to occur on property more particularly described as (see attached, Exhibit "A"),We, TMS Oak Investments 8, LLC, a California limited liability company, 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 occurring during the construction work or improvements as specified in this agreement. IIFILES01V\Departments\CED\LandDev\PROJECTSICTICT2018\CT2018-0005 Village Walk -Carroll\Bonds and Agreements\HOLD HARMLESS AGREEMENT DRAINAGE.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. /II /II /II Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill 2 \IFILES01V\Departments\CED\LandDevlPROJECTSICT\CT20181CT2018-0005 Village Walk -Carroll\Bonds and Agreements\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01 /25/13 EXHIBIT "A" LEGAL DESCRIPTION Parcel 1: That portion of Tract 99 of Carlsbad Lands, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 1661, filed in the office of the County recorder of San Diego County, March I, 1915, described as follows: Beginning at the most Northerly comer of said Tract 99; thence Southwesterly along the Northwesterly line of said Tract, a distance of 160 feet to the true point of beginning; thence continuing Southwesterly along the said Northwesterly Tract line 40 feet; thence at right angle Southeasterly 200 feet; thence at right angles Northeasterly parallel with the 200 feet Southeasterly from the Northwesterly line of said lot, a distance of 40 feet; thence at right angles Northwesterly 200 feet to the true point of beginning. Excepting therefrom the Northwesterly 10 feet as vacated by the City of Carlsbad by Resolution No. 2002-132 recorded May 24, 2002 as Instrument No. 2002-0445744 of Official Records. Parcel 2: That portion of Tract 99 of Carlsbad Lands, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 166 I, filed in the office of the County Recorder of San Diego County, March I, 1915, described as follows: Beginning at the most Northerly comer of said Tract 99; thence Southwesterly along the Northwesterly line of said Tract, a distance of200 feet to the true point of beginning; thence continuing Southwesterly along the said Northwesterly Tract line 40 feet; thence at right angles Southeasterly 200 feet; thence at right angles Northeasterly parallel with the 200 feet Southeasterly from the Northwesterly line of said lot, a distance of 40 feet; thence at right angles Northwesterly 200 feet to the true point of beginning. Excepting therefrom the Northwesterly 10 feet as vacated by the City of Carlsbad by Resolution No. 2002-132 recorded May 24, 2002 as Instrument No. 2002-0445744 of Official Records. IN W~TNESS W~E!'1EOF, the undersigned has executed this instrument this _;.,7-f/, day of J..)(?(Cm b.-f< , 20 19 . APPROVED AS TO FORM: CELIA BREWER City Attorney By WMP~ Assistant City Attorney City of Carlsbad OWNER(S) TMS Oak Investments 8, LLC, a California limited liability company __ ............. ---~ By: CL~-· Tony Sfreddo, 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. 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 IIFILES01V\Departments\CED\LandDev\PROJECTS\CnCT2018\CT2018-0005 Village Walk· Carroll\Bonds and Agreements\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CML 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. ) Lma A 0. Kvt?J(,,o a~ {d,LL nsert Name and Td/e of the cltiicer V who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 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 mA hand and official seal. • Sign~~A4Yfa Ja.(11/4~ Signature of Notary Public ---------------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 Trtle 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 -Trtle(s): ______ _ D Corporate Officer -Title(s): ______ _ D Partner -D Limited □ General □ Partner -D Limited □ General □ Individual □ Attorney in Fact □ Individual □ Attorney in Fact □ Trustee □ Guardian or Conservator □ Trustee □ Guardian or Conservator □Other: ______________ _ D Other: ______________ _ Signer Is Representing: _________ _ Signer Is Representing: _________ _ ©2014 National Notary Association• www.NationalNotary.org • 1-800-US NOTARY (1-SQ0--876--6827) Item #5907 4 \\FILES01V\Departments\CED\LandDev\PROJECTS\CDCT2018\CT2018-0005 Village Walk -Carroll\Bonds and Agreements\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13