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Home My WebLink AboutSDP 15-20; Presidio Cornerstone QC LLC; 2016-0673710; 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# 2016-0673710 1 1 \\II\ 11 \I 1 \\1\1 II \I\\ Ill I 1\\1 I \\II\\ Ill I 1\\\\ I Ill I 1\\\ I II \I I \\II I \\I Dec 08, 2016 11 :46 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES $27 00 PAGES: 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 167-040-50-00 --~------------------PROJECT 10: SDP 15-20 ----------------------PROJECT NAME: Quarry Creek PA P-3 @ (Community Center) HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 484-51) for development to occur on property more particularly described as (see attached, Exhibit "A"), 1/We, Presidio Cornerstone QC, LLC, a Delaware limited liability company, 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. 1 IIFILES01V\Departments\CED\LandDev\PROJECTSISDPISDP 15\SDP 15-20 Quarry Creek PA P-3-Levy\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 2 IIFILES01V\Departments\CED\LandDev\PROJECTSISDP\SDP 15\SDP 15-20 Quarry Creek PA P-3-Levy\B&A\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this 3ai day of NOV{m k3ec APPROVED AS TO FORM: CELIA BREWER City Attorney By: (lP_J_~ ,RONKEM? Assistant City Attorney City of Carlsbad ,20 lk OWNER(S) Presidio Cornerstone QC LLC, a Delaware limited liability company By: Cornerstone Communities, LLC, By: a Califor ia limited liability company, Its Ope ing Manager (Sign Here) Ure R. Kretowicz, Manager, Cornerstone Communities, LLC (Print Name and Title) Date: ;Vo~bir 3,· aoJrp , 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 \IFILES01V\DepartmentsiCED\LandDev\PROJECTSISDP\SDP 15\SDP 15-20 Quarry Creek PA P-3-Levy\8&1\\HOLD HARMLESS AGREEMENT DRAINAGE doc 01/25/13 Order Number: NHSC-5165346 (06) Page Number: 9 cyhdDrt--,, A 'I LEGAL DESCRIPTION Real property in the City of carlsbad, County of San Diego, State of california, described as follows: LOT 8 OF THE CARLSBAD TRACT CT 11-04, IN THE CTIY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CAUFORNIA, ACCORDING TO MAP THEREOF NO. 16038, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, JULY 10, 2015. APN: 167-040-50-00 Rrst American 77tle 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 San Diego On November 3, 2016, before me, Kacey Suzanne Komloski , a Notary Public, personally appeared Ure R. Kretowicz, 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. 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 ~··~