HomeMy WebLinkAboutCT 2019-0002; DK Realty Holdings Inc; 2020-0477107; Hold Harmless Agreement/ReleaseDOC# 2020-0477107
11II I11111111111 1111011 11 1111011 III 11 11
Aug 24, 2020 08:49 AM
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.: 204-031-01 & 204-031-02
PROJECT ID: CT 2019-0002
PROJECT NAME: Madison Five
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City's approval of a drainage plan (DWG 518-6A) and
improvement plan (DWG 518-6A) for development to occur on property more particularly
described as (see attached, Exhibit "A"), I/We, DK Realty Holdings, Inc., a California
Corporation, 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.
1
/Volumes/KYRENNE/City of Carlsbad/Projects/Madison Five B&A/HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13
RECORDING 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
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.
///
III
III
II-
/Volumes/KYRENNE/City of Carlsbad/Projects/Madison Five B&A/HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13
IN WITNE,5S WHEREOF, the undersigned has executed this instrument this /3- day of
, 20 C
OWNER(S)
DK Realty Holdings, Inc., a California Corporation
By:
(Sign Here)
Michael Kootchick, President
(Print Name and Title)
Date:
By:
(Sign Here)
(Print Name and Title)
Date:
APPROVED AS TO FORM:
CELIA BREWER
City Attorney
By:
RON KEMP
Assistant City Attorney
City of Carlsbad
(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
/Volumes/KYRENNE/City of Carlsbad/Projects/Madison Five B&A/HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13
JESSICA N. VILLANUEVA I
Commission No. 2240091 g NOTARY PUBLIC - CALIFORNIA 3
SAN DIEGO COUNTY
Commission Expires May 23,2022
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1 189
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
On L>V N'?-°-2-`) before me, ici41. Ns \1ilklitioeNA,PO4-°t11-1 fo6lic
Date Here Insert Name and Title of the Officer
fA.7.-C -CC 1Clc— personally appeared E \COO
Name(s) of Signer(s)
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 capacityffes). 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.
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 and official seal.
Signature or
Signature of Notary Public
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.
1-icAlt i€S4 • Description of Attached DocumentM°1`)4
Title or Type of Document:03** Cr 2C,Icl • 0 007.- Document Date:
Number of Pages: Signer(s) Other Than Named Above: 1?-0N ic-E
Capacity(ies) Claimed by Signer(s)
Signer's Name:
El Corporate Officer — Title(s):
ID Partner — 0 Limited El General
ID Individual 0 Attorney in Fact
D Trustee 0 Guardian or Conservator
0 Other:
Signer Is Representing:
Signer's Name:
0 Corporate Officer — Title(s):
O Partner — 0 Limited 0 General
El Individual D Attorney in Fact
0 Trustee 0 Guardian or Conservator
D Other:
Signer Is Representing:
lil)2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907
4
/Volumes/KYRENNE/City of Carlsbad/Projects/Madison Five B&A/HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13
EXHIBIT 'A'
LEGAL DESCRIPTION OF REAL PROPERTY
Real property in the City of Carlsbad, County of San Diego, State of California, described as follows:
LOT 15 AND 16, BLOCK 47 OF THE TOWN OF CARLSBAD, IN CITY OF CARLSBAD, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 775, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, FEBRUARY 15, 1894.
TOGETHER WITH THOSE PORTIONS OF MADISON STREET AND OAK AVENUE, ADJOINING SAID LOTS 15
AND 16, AS VACATED AND CLOSED BY RESOLUTION NO. 2008-038, OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, A COPY OF WHICH RECORDED FEBRUARY 19, 2008 AS FILE NO. 2008-0083860, OFFICIAL
RECORDS.