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Home My WebLink AboutPD 16-02; Harding Realty Inc; 2016-0367875; 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# 2016-0367875 1111111111111111111111111111111111111111111111111111111111111111111111 Jul 22, 2016 08:41 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES $0.00 PAGES 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: --=20=4_,-1..,..1...,.0..,.-1_2_-0_0 ____ _ PROJECT 10: PD 16-02 PROJECT NAME: Harding Square ----~~~----------- ---------------------- HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 491-9A) for development to occur on property more particularly described as (see attached, Exhibit "A"), 1/We, Harding Realty, Inc., 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. It is further agreed that the above owner(s) will maintain all drainage systems to insure a 1 I\FILES01V\Departments\CED\LandDev\PROJECTSIPDIPD 16\PD 16-02 Harding Square-Chua\B&AIHOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 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 IIFILES01V\Departments\CED\LandDev\PROJECTSIPDIPD 16\PD 16-02 Harding Square-Chua\B&AIHOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 (')~ IN WITNESS WHEREOF, the undersigned has executed this instrument this _'0.:::::..._ __ r-- day of J lAL'{ APPROVED AS TO FORM: CELIA BREWER City Attorney By:~ ~ RONKEMP I · Assistant City Attorney City of Carlsbad '20 lb OWNER(S) Harding Reality Inc., a California corporation By: (Sign Here) Paul Jacinto, President (Print Name and Title) Date: By: (Sign Here) (Print Name and Title) Date: (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 \\FILES01V\Departments\CED\LandDev\PROJECTS\PDIPD 16\PD 16-02 Harding Square-Chua\B&A\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 tile document to which this certificate is attached. and not the truthfulness, accuracy. or validity of that document. State of California County of 5{>, V\ \}i·% u ) _ On --$0\~ q-.yY\d-.C>\\e before me, Lou( An<tj £ncot_\ yY\QJ'"\ ~o-t'c~tyK,b\>c:. Date ~. ' ·,\ Here Insert Name and Title of the Officer personally appeared _\-"-c'-"-=--'-'--Al--\-\..C:..D-._r_\ __ -:3(-=-~-=-U=~:_-_1"\._-TD.:..._c-=-· _____ _ 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 entity upon behalf of which the person(s) acted, executed the instrument. a COURTNEY ENGELMAN Commission t1 2065535 < Notary Public • California ~ ~ San Diego County ~ J. • , •• ,Ml ~oTrz· ;x~r!s !PJ t4}~1 a( 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 hand and official seal. Signature __ _,~"""""-'-----'---~--,----------- 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 Named Above: -~ ___ ~--~ ____ --~ ______ . Capacity(ies) Claimed by Signer(s) Signer's Name: 0 Corporate Officer -Title(s): ______ _ 0 Partner -0 Limited 0 General 0 Individual 0 Trustee 0 Attorney in Fact 0 Guardian or Conservator D Other: -~-------~~-~~-------~-----~~- Signer Is Representing: _________ _ Signer's Name: 0 Corporate Officer -Title(s): ______ _ 0 Partner -0 Limited D General 0 Individual 0 Trustee 0 Attorney in Fact 0 Guardian or Conservator D Other: ~-------------~--------- Signer Is Representing: _________ _ @2014 National Notary Association • www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 4 \\FILES01V\Departments\CED\LandDev\PROJECTSIPDIPD 16\PD 16-02 Hard1ng Square-ChuaiB&AIHOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 Documents provided by Data Tree LLC via ifs proprietary imaging and delivery system. Copyright 2003, Alt rights reserved. 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: The Southeasterly 63.14 feet of the Southwesterly 100.00 feet of Tract No. 113, Carlsbad lands, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 1661, filed in the Office of the County Recorder of San Diego County, March 01, 1915. APN: 204~110-12-00 !Exhibit A Created: 11/18/2015 CA041 0-15023866-41