The URL can be used to link to this page

Home My WebLink AboutMS 15-13; Presidio Cornerstone QC LLC; 2016-0260169; 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# 2016-0260169 11111111111111111111111111111111111111111111111 11111111111111111111111 May 27, 2016 08:44AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00 PAGES: 6 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 167-040-43 --~------------------PROJECT 10: MS 15-13 (SOP 15-17) PROJECT NAME: Quarry Creek PA R-1 HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 484-50) for development to occur on property more particularly described as (see attached, Exhibit "A"), 1/We, Presidio Cornerstone QC, LLC, 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 I\FILES01V\Departments\CED\LandDeviPROJECTSISDPISDP 15\SDP 15-17 Quarry Creek R-1\Bonds and Agreements\HOLD HARMLESS AGREEMENT DRAINAGE. doc 01125113 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\DepartmentsiCED\LandDev\PROJECTSIMSIMS 15\MS 15-13-Quarry Creek PA R-1-Levy (See SDP 15-17)\Bonds and Agreement\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this JVI~0!1 ) { A day of-----~---+-----' 20---'---\.-f/-'------- APPROVED AS TO FORM: CELIA BREWER City Attorney 'l By: 1JJij Lbf2 RON KEMP . Assistant City Attorney City of Carlsbad OWNER(S) Presidio Cornerstone QC LLC, a Delaware limited liability company By: Cornerstone Communities, LLC, a California limited liability company, Its: Operating anager By: (Sign Here) Ure R. Kretowicz, Manager, Cornerstone Communities, LLC (Print Name and Title) Date: ~{t>/~~~ (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 \IFILES01V\Departments\CED\LandDev\PROJECTSIMSIMS 15\MS 15-13-Quarry Creek PA R-1-Levy (See SDP 15-17)\Bonds and Agreemeni\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or otl1er officer completing this .certificate verifies only the identity of the individual wllo signed the document to which this certificate is attached. and not the truthfulness, accuracy. or validity of that document. State of California C 'j\_ ·-) Cou~ty of ( .2QNl Jl [~ ) on~ S, .bOltu beforeme. CDiatnA ~~~wrier\)oe-\~rfJDtavy ~u.bltC '"} Date V J:~ere jnsert Name and Title of the Officer personally appeared __ {"'-A-"-'r'--e.""'/"-·-R,___·_· --1~--=.G..__,e_,..."-'·h~t,.,.~J"-\ (;_~·~:___ _________ _ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(¢) whose name(pj is/ate- subscribed to the within instrument and acknowledged to me that he/s.ftef'!trej1 executed the same in his/M4~ authorized capacity~), and that by his/l'tef/.tfleir signature{$) on the instrument the person (g), or the entity upon behalf of which the person(j) acted, executed the instrument. Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my haod aod offidal oe~ Signaturei>v~ TY1eui.e. ~) 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 Title or Type of Document:~~~~~~~~~~~~-Document Date: ___________ _ Number of Pages: _____ Signer(s) Other Than Capacity(ies} Claimed by Signer(s) Signer's Name: D Corporate Officer -Title(s): ~~~~~~ D Partner -D Limited D General D Individual D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: ~~~~~~~~~- Named Above: -----------·- Signer's Name: D Corporate Officer -Title(s): ~------ 0 Partner -D Limited D General D Individual D Attorney in Fact D Trustee D Guardian or Conservator D Other: __________________ _ Signer Is Representing: ~~~~~~~- (¢l2014 National Notary Association· www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 4 IIFILES01V\Departments\CED\LandDev\PROJECTSIMSIMS 15\MS 15-13-Quarry Creek PA R-1-Levy (See SDP 15-17)\Bonds and Agreement\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 NOTARY SEAL CERTIFICATION (Government Code 273617) I CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE DOCUMENT TO WHICH THIS STATEMENT IS ATIACHED READS AS FOLLOWS: Name of the Notary: D lCt: nc,_ [r)cr r) e /a-s /t County Where Bond is Filed: /::.7() l\ j) l-(;'1{:) 1 ( _, " I Manufacturer or Vendor Number:_/\,'-'•. "-/ ___ \ ______________ _ (Located on both sides of the notary seal border) Date: __ ---=-'--=';"~~(""-£-"/__,/-'(c_/·· __ Rec. Fonn #R10. 1 (Rev 6111103) tf)C ~' b\'+-''A 'i LEGAL DESCRIPTION LOT 1 AND LOT 2 OF PARCEL MAP NO. 16038, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY JULY 10,2015, AS FILE NO. 2015-700025 OF OFFICIAL RECORDS. APN: 167-040-43 AND 167-040-44 .; •;' ·· ..