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Home My WebLink AboutPD 16-21; PK I North County Plaza LP; 2017-0075785; Hold Harmless Agreement/Release1 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# 2017-0075785 1111111111111111111111111111111111111111111111111111111111111111111111 Feb 15, 2017 10:32 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $27.00 PAGES 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE ; SSOR'S PARCEL NO.: 156-301-16-00 PROJECT 10: DEV2016-0004 I PD 16-21 PROJECTNAME: =:N=o=rt=h~C=o=u=nt=y:P:Ia=z=a======== HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 497-8A) for development to occur on property more particularly described as (see attached, Exhibit "A"), 1/We, PK I North County Plaza, LP, a Delaware limited partnership, 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 Q:ICED\LandDev\PROJECTSIPDIPD 16\PD 16-21 North County Plaza-Chua\B&AIHOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 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 0:\CED\LandDev\PROJECTSIPD\PD 16\PD 16-21 North County Plaza-Chua\B&AIHOLD HARMLESS AGREEMENT DRAINAGE. doc 01125113 IN WITNESS WHEREOF, the undersigned has executed this instrument this ~c;-t' ~A~~A~ \, dayof ___________ • __ ~~~----------'20 ________ __ OWNER(S) PK I North County Plaza, LP, a Delaware limited partnership By: PK I North C nty GP LLC, its general partner By: Kim Pacifi esulting LP, its sole member By: JV GP, ln.c., i neral partner Kevin Smith, Vice President (Print Name and Title) Date: By: --------------~--~----------------------(Sign Here) APPROVED AS TO FORM: CELIA BREWER City Attorney ·p By~~ RON . P . Assistant City Attorney City of Carlsbad (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.) Q·\CED\landDev\PROJECTS\PDIPD 16\PD 16-21 North County Plaza-Chua\B&AIHOLD HARMLESS AGREEMENT DRAINAGE doc 01125113 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 California ~Y\ b\-eAO ) County of-------------j \~. .. ...... , .. on '"-'\to'-~\ .. -'_' __ • .. , ..... ft_. "'··'-':t. On o.J-"V\U .. ......, ~ • • before me, \~ ... ._. -~ \~..,,.,...., Y14¥1'\\ Date personally appeared \Lb.J( i\ t W\\~lnsert Name and Title of the Officer 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. 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_]f\ _ _...._,_U-='---tuML ________ _ 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 Docur,nent Title or Type of Document: _ Document Date: -------- Number of Pages: _,..--Slgner(s) Other Than Named Above: ------------ Capacity(ies) Claimed by Signer(s) . Signer's Name: ' 0 Corporate Officer -Title(s): ______ _ 0 Partner -::::J Limited 0 General 0 Individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator OOther: __ _ Signer Is Representing: ---------- Signer's Name:-----,----------- 0 Corporate Officer -Tltle(s): ___ _ D Partner -0 Limited 0 General D Individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator D Other: -------------- Signer Is Representing: --------- W'§()~~@~~·g£:\~~~Y/&~'<1Ri@ii§;<;;t.i'Cm9SW~'@t~'-hm'G.C~~44"§re~AA <92014 National Notary Association· www.NatlonaiNotary.org • 1-800-US NOTARY (1-800-876-6827) item #5907 . ~ . . . . ,. . Q:ICED\landDeviPROJECTS\PDIPD 16\PD 16-21 North Coun1y Plaza· Chua\B&A\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 Exhibit 'A' Legal Description of Real Property Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: PARCEL 1 OF PARCEL MAP NO. 15975, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 2, 1990 AS FILE NO. 90-162247 OF OFFICIAL RECORDS. APN: 156-301-16-00