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HomeMy WebLinkAboutCUP 2017-0008; Oakmont of Carlsbad LLC; 2020-0102423; 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# 2020-0102423 111111111111 lllll 1111111111111111111111111 lllll 11111111111111111111111 Feb 27, 2020 03:35 PM OFFICIAL RECORDS Ernest J. Dronen burg, Jr., SAN DIEGO COUNTY RECORDER FEES $26 00 (SB2 Atkins $0.00) PAGES 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 209-120-01-00 -----------PROJECT ID: CUP 2017-0008 PROJECT NAME: Oakmont of Carlsbad HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 517-4A) and improvement plan (DWG 517-4) for development to occur on property more particularly described as (see attached, Exhibit "A"), I/We, Oakmont of Carlsbad 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. 1 Q:ICED\LandDevlPROJECTSICUPICUP 17\CUP2017-0008 Oakmont of Carlsbad -Rick\B & A\HOLD HARMLESS AGREEMENT DRAINAGE doc 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 /II Ill /II Ill /II Ill Ill /II Ill Ill 2 Q:ICED\LandDev\PROJECTSICUP\CUP 171CUP2017-0008 Oakmont of Carlsbad -Rick\B & AIHOLD HARMLESS AGREEMENT DRAINAGE doc IN WITNESS WHEREOF, the undersigned has executed this instrument this ~8..µ, -----,~~~u~mL.l,6011~e~4a""",1-------'2ociU) OWNER(S) day of Oakmont of Carlsbad LLC, a California Limited Liability APPROVED AS TO FORM: CELIA BREWER City Attorney By ~kp~ Assistant City Attorney City of Carlsbad Company By: Date: By: Date: William P. Gallahe ""'Manager (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\LandDevlPROJECTSICUPICUP 17\CUP2017-0008 Oakmont of Carlsbad -Rick\B & AIHOLD HARMLESS AGREEMENT DRAINAGE.doc 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. State of Ca~ornia County of JOO ~VYJ a__,,, OnjJVlUCA.Y~ aB; ~w before me, w~ f>:JV ~J)trJ,, 1/b-UVu l?t,lh\,'c, Date He Insert Name and Title of th'e Officer personally appeared w I ( :\ i ai11 p_ ~\ I aJ-t:V Name(s) of Signer(s) who proved to me on the basis of satisfactory e'4idence to be the personOO whose nameQ!.) is/a,:e subscribed to the within instrument and acknowledged to me that he/she/tl:!ey executed the same in his/1:¼ert'tt,eir authorized capacityt\es), and that by his/1:ter/tliteir signature(>)--on the instrument the person(>', or the entity upon behalf of which the person¥ acted, executed the instrument. Place Notary Sea/ 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 my hand and official seal. Signature __ Cl/JhJ__,__-+-_hlTur-~~'--"'--------- ____f__'._ d;inatureofNotaryPublic ---------------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: ____________ _ D Corporate Officer -Title(s): ______ _ D Corporate Officer -Title(s): ______ _ D Partner -D Limited D General D Partner -□ Limited □ General □ Individual □ Attorney in Fact □ Individual □ Attorney in Fact □ Trustee □ Guardian or Conservator □ Trustee □ Guardian or Conservator D Other: ______________ _ □ 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:ICED\LandDev\PROJECTSICUPICUP 17\CUP2017-0008 Oakmont of Carlsbad -Rick\B & AIHOLD HARMLESS AGREEMENT DRAINAGE doc EXHiBITA LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE c::ITY OF CARLSBAD, IN THE 'COUNTY OF SAN. DIE'.GO, ST ATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: LOT I, OF CARLSBAD TRACT NO. 97-13-1, CARLSBAD OAKS NORTH PHASE 1, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE QF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 14926, FIELD IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, CALIFORNIA ON DECEMBER 15, 2004. APN: 209-120s01-00