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HomeMy WebLinkAboutMS 15-08; Kovens Cherry Carlsbad LLC; 2017-0195218; 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# 2017-0195218 llllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll May 02, 2017 08:59AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $27.00 PAGES: 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSE~S PARCEL NO.: 204-232-01-00 ctr . PROJECT ID: MS 15-08 I DEV15033 PROJECT NAME: Cherry Field Beach Homes HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 491-6A) for development to occur on property more particularly described as (see attached, Exhibit "A"), 1/We, Kovens Cherry Carlsbad, LLC, a Nevada 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 1 \IFILES01V\Departments\CED\LandDev\PROJECTS\MSIMS 15\MS 15-08 Cherryfield Beach Homes-Levy\Bonds and Agreements\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 ,20 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 \IFILES01V\DepartmentsiCEDILandDeviPROJECTSIMS\MS 15\MS 15-08 Cherryfield Beach Homes-Levy\Bonds and Agreements\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this _~_'f-l1 __ .. day of _.tL...;II:....:...f'_£.....;:_/_v _______ , 20 11 APPROVED AS TO FORM: CELIA BREWER City Attorney By A~ ·~ Assistant City Attorney City of Carlsbad OWNER(S) Kovens company By: Date: By: Date: C rlsbad, LLC, a Nevada limited liability (Sign Here) Castriotta, Authorized A ent (Print Name and Title) Lf-L£k I] (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 I\FILES01V\Departments\CED\LandDev\PROJECTSIMSIMS 15\MS 15-08 Cherryfield Beach Homes-Levy\Bonds and Agreements\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. ::;·~~ n D~~ : On ijiil ~-~?fore me, l?:Otfl1\0( ::JQAX~ fOrJfa~ Pub/& , Date m] Here Insert Name and Title of th Officer personally appeared a .}HA-t'!..(! WZtti Dt;-t;;.,A 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 capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the eAtity upon behalf of which the person(s) acted, executed the instrument. ra:e~a:1 ~Efy~~~~~:~~~~~J~~~~~~~~:~ ~ Cornmission,EJcpitsApril20. 2019 ~ WITNESS my hand and official seal. $.-.·.·.-•.• -.-.-.-.-.-•.• -•. .,., .• -.... -.-.-,.-.-.-,.-•.•. ,. •.• -.-.-.-.-• ._._v.·.-.-.,-.-,-J. s;gnatoce14{cf~ Jj.tq Signatu of tary Public Place Notary Sea/ 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 D~te: _______ _ 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): ______ _ 0 Partner -0 Limited 0 General 0 Partner -0 Limited 0 General 0 Individual 0 Attorney in Fact 0 Individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Trustee 0 Guardian or Conservator 0 Other: ______________ _ 0 Other: _____________ _ Signer Is Representing: _________ _ Signer Is Representing: _________ _ ©2014 National Notary Association • www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 4 \IFILES01V\Departments\CED\LandDev\PROJECTSIMSIMS 15\MS 15-08 Cherryfield Beach Homes-Levy\Bonds and Agreements\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01125/13 EXHIBIT A Legal Description The land hereinafter referred to is situated in the City of Carlsbad, County of San Diego, State of CA, and is described as follows: Lots A and B, in Block 2 of Palisades Heights, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 1777, filed in the Office of the County Recorder of San Diego County, January 11, 1924. Excepting therefrom the Southwesterly 5.00 feet, also excepting from said Lot B, the Northeasterly 73.00 feet. Except therefrom all oil, gas, minerals and other hydrocarbon substances, lying below a depth of 500 feet, without the right of surface entry. APN: 204-232-01-00 jExhibitA Created: 06/07/2016 41 0-1502309-40