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HomeMy WebLinkAboutSDP 14-06; Hoehn Enterprise 2 LLC; 2015-0139948; Hold Harmless Agreement/ReleaseDOC# 2015-0139948 III' RECORDING IS REQUESTED Mar 25, 2015 04:59 PM FOR THE BENEFIT OF THE CITY OFFICIAL RECORDS OF CARLSBAD Ernest J. Dronenburg, Jr., OF CARLSBAD SAN DIEGO COUNTY RECORDER FEES: $0.00 WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 SPACE ABOVE THIS LINE FOR RECORDER'S USE 211-060-09 ASSESSOR'S PARCEL NO. PROJECT ID PROJECT NAME RELATED PROJECT ID: SDP 14-06 Hoehn Audi HOLD HARMLESS AGREEMENT DRAINAGE In consideration of tfie City's approval of a drainage plan(s) (DWG 485-1A) for development to occur on property more particularly described as (see attached, Exhibit "A"), I/We, Hoehn Enterprise 2 LLC, a California limited liability company, 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 Q:\CED\LandDev\PROJECTS\SDP\SDP 14\SDP 14-06 Hoehn Motors Audi Dealership - RicWBonds and Agreerrients\HOLO HARMLESS AGREEMENT ORAINAGE.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. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// 2 Q:\CED\LandDev\PROJECTS\SDP\SDP 14\SDP 14-06 Hoehn Motors Audi Dealership - RicWBonds and Agreements\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this /3 day of , 20 li^. OWNER(S) Hoehn Enterprise 2 LLC, a California limited liability company By: V (Sign Here) Date: By: _ Date: APPROVED AS TO FORM: CELIA BREWER City Attorney By: JON KEMP Assistant City Attorney T. William Hoehn, III, Member (Print Name and Title) (Sign Here) (Print Name and Title) (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 offlcer(s) signing to bind the corporation.) Q:\CED\LandDev\PROJECTS\SDP\SDP 14\SDP 14-06 Hoehn Motors Audi Dealership - RicWBonds and Agreements\HOLD HARMLESS AGREEMENT DRAINAGE doc 01/25/13 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing tliis certificate verifies only the Identity of tlie individual wiio signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Cayfsirnia ) County olC^I^ ^ ^ £^1^0 ^ \ , V V t^, On Jjl^/ / 5^ before me, I ( Date ^— , ^ Here insert Name and Title of the Office/ personally appeared / • \j\J ^ I H ^ ^ 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. r--"^f CASSANDRA DIANE DIAZ f Commission # 1982077 | Notary Public - California z San Diego County | 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 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: Number of Pages: Signer(s) Capacity(ies) Claimed by Signer(s) Signer's Name:. Document Date: Other Than Named Above: • 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 Q:\CED\LandDev\PROJECTS\SDP\SDP 14\SDP 14-06 Hoehn Motors Audi Dealership - RicWBonds and AgreementsVHOLD HARMLESS AGREEMENT DRAINAGE doc 01/25/13 PRELIMINARY REPORT Chicago Title Company YOUR REFERENCE: ORDER NO.; 12202783-996-U50 EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: LOT 3 OF CARLSBAD TRACT NO. 72-3, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 7492. FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 30, 1972. APN: 211-060-09 CLTA Preliminary Report Form - Modified (11/17/06) Page 3