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HomeMy WebLinkAboutSDP 14-03; CP Juniper, LLC; 2015-0276182; Hold Harmless Agreement/ReleaseDOC# 2015-0276182 III RECORDING IS REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD WHEN RECORDED MAILTO: May 29, 2015 04:59 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $27.00 PAGES: 5 Gity Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 SPACE ABOVE THIS LINE FOR RECORDER'S USE 204-240-35 ASSESSOR'S PARCEL NO. PROJECT ID PROJECT NAME RELATED PROJECT ID: SDP 14-03 CP Juniper Apartments HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan(s) DWG 484-6 for development to occur on property more particulariy described as (see attached, Exhibit "A"), I/We, CP Juniper, LLC, a California limited liability company, the owners of said property, promise to indemnify and to hold the City of Carisbad, 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. WFILESOI V\Departments\CED\LandDev\PROJECTS\SDP\SDP 14\SDP 14-03 Juniper Apartments - Rick\Bonds and Agreem8nts\H0LD HARMLESS AGREEMENT DRAINAGE (DWG 484-6).doc 01/26/13 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. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// 2 \\FILES01V\Departments\CED\LandDev\PROJECTS\SDP\SDP 14\SDP 14-03 Juniper Apartments - Ricl<\Bonds and Agreements\HOLD HARMLESS AGREEMENT DRAINAGE (DWG 484-6).doc 01/25/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this "7^7^ dav of A"^Cv\ 20 OWNER(S) CP Juniper, LLC, a California limited liability company By: /^^^ (Si^ere) ' Tyler Van Stright, Manager (Print Name and Title) Date: 2l^- • 7-7^ By: (Sign Here) APPROVED AS TO FORM: CELIA BREWER City Attorney (Print Name and Title) Date: RON KEMP Assistant City Attorney (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.) WFILESOI V\Departments\CED\LandDev\PROJECTS\SDP\SDP 14\SDP 14-03 Juniper Apartments - RicWBonds and Agreements\HOLD HARMLESS AGREEMENT DRAINAGE (DWG 484-6).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. State of California County of ^^^^•^ On . before me, ) Date personally appeared Here Insert Name and Title of the Officer Namei^ of Signer!^ who proved to me on the basis of satisfactory evidence to be the person(9) whose name((S} is/ai« subscribed to the within instrument and acknowledged to me that he/shve/th6y executed the same In his/hy/th?}r authorized capacltyO^s), and that by his/l^r/^helr signature{9) on the instrument the personJjB), or the entity upon behalf of which the person(s) acted, executed the Instrument. OFFICIAL SEAL DAREN VASS NOTARY PUBLIC-CALIFORNIAf COMM. NO. 2087484 - ..wS^N DIEGO COUNTC MY COMM. EXP. NOV. 21,2018 1 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my han Signature Place Notary Seal 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 Date: Number of Pages: Signer(s) Other Than Named Above: Capaclty(les) Claimed by Slgner(s) Signer's Name: • Corporate Officer — Title(s): • Partner — • Limited • General • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing; Signer's Name: • Corporate Officer — Title(s): • Partner — • Limited • General • Individual • Attorney In Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: ©2014 National Notary Association • www.NationalNotary.org • 1 -800-US NOTARY (1 -800-876-6827) Item #5907 WFILESOI V\Depar1ments\CED\LandDev\PR0JECTS\SDP\SDP 14\SDP 14-03 Juniper Apartments - Ricl(\Bonds and Agreements\HOLD HARMLESS AGREEMENT DRAINAGE (DWG 484-6).doc 01/25/13 Exhibit "A" The Northeasterly half of ihe Northwesterly half of Lot 4 in Block "R" of Palisades No. 2, according lo the Map thereof No. 1803, filed in the Office ofthe County Recorder ofsaid San Diego County, August 25,1924