Loading...
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.