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HomeMy WebLinkAboutPD 16-14; Ozaki Family Trust; 2016-0643938; Hold Harmless Agreement/Release-{ ·\ j 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 DOC# 2016-0643938 IIIII/I IIIII IIIII III/IIIII /IIIII III/IIIII/ IIIII //IIIII/II //IIIII/I /Ill Nov 23, 2016 12:42 PM 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.: 205-220-86-00 ~ PROJECTID: -P~D~16---14 ____________ __ ~ PROJECT NAME: 1645 Chestnut Avenue HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 494-6A) for development to occur on property more particularly described as (see attached, Exhibit "A"), We, Ronald T. Ozaki and Carol S. Ozaki, Trustees the Ozaki Family Trust Agreement dated June 15, 1994, the owners 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 \IFILES01V\Departments\CEDILandDev\PROJECTS\PDIPD 16\PD 16·14 1645 Chestnut Avenue\HOLD HARMLESS AGREEMENT DRAINAGE. doc 01/25/13 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\Departments\CED\LandDev\PROJECTS\PDIPD 16\PD 16-14 1645 Chestnut Avenue\HOLD HARMLESS AGREEMENT DRAINAGE. doc 01/25/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this day of () CT75 l)·}L_ 20 !' '-----~----~~~------' --~~v ____ _ APPROVED AS TO FORM: CELIA BREWER City Attorney By~~ Assistant City Attorney City of Carlsbad OWNER(S) Ronald T. Ozaki, Trustee of Ozaki Family Trust dated June 15, 1994 (Print Name and Title) Carol S. Ozaki, Trustee of Ozaki Family Trust dated June 15,1994 Co..rc:> l S. ~f i 'Tfvsl::.e (Print Name and Title) Date: __ LD -l 4 -2D l f.e (Proper notarial acknowledgment of execution by owner(s) must be attached) (Chairman, president or vicedpresident 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 coroorate seal empowering the officer(s) signing to bind the corporation.) CAUFORNIA 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. 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 slgnature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument LO.:<l1l ~~RAMILLO /90T:O.r.i' :-.J8LtC !:lfl~f E OF "..J1..0RADO Ntrt.RY IDt& ~00$4019155 MY CO~W·5~~::: .._. EXPI,.ES JUNE 2. 2020 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 ----~--------------------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: ------------ Capaclty(les) Claimed by Signer(s) Signer's Name:--------- 0 Corporate Officer -Title(s): . 0 Partner -0 Limited 0 General Signer's Name:------------0 Corporate Officer -Title(s): ______ _ 0 Partner -0 Limited 0 General 0 Individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Individual 0 Attomey in Fact 0 Trustee 0 Guardian or Conservator CJ Other: ---~--__ _ 0 Other: ---···· ___________ _ Signer Is Representing: ---··------Signer Is Representing: __ _ ~~i!i!£w..._~~~~~*"~'§!?Vt~&<::gg<~~~~M-~~~ww~~ ©2014 National Notary Association· www.NationaiNotary.org • 1·800-US NOTARY (1·800-876-6827) Item #5907 4 NOTARY SEAL CERTIFICATION (Government Code 27361. 7) I CERTIFY UNDER PENALTY 0 F PERJURY THAT THE NOTARY SEAL ON THE DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS: Name ofthe Notary: Lore·+td. 01. ::Jatami!ID Commission Number: WOCb 40/ ~JS5 Date Commission Expires:((; I(/)-I 70J0 ' /10 P \ u. ~tt r· !;· County Where Bond is Filed:_...:;;.vut--...:. ____ ---l'l'------'-"""'"··"""'"-'---------- Manufacturer or Vendor Number: __ -+~14¥..,..,f*~;....._ ____________ _ (Located on both sides of the notary seal border) Signature: ·guca11JJlQ ~ F1rm Name ( 1f applicable) Place of Execution:_("""".JA"""'-"-+f-+1 { d=-· '=~Q;.<t~"+-~ --"'CCL-A+----Date:__lli.______../_l-6_/__;, __ /_L/_ RecForm #R10.1 (Rev.3/15/16)