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Home My WebLink AboutSDP 15-25; Carlsbad Oaks Partners LLC; 2016-0460159; Hold Harmless Agreement/Release.. 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# 2016-0460159 IIIII/I IIIII IIIII 111111111 IIIII/ 111111111111111 IIIII 11111111111111 1111 Sep 02, 2016 09:38AM 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.: 209-120-15-00 209-120-16-00 ~~ PROJECT 10: _S_D_P_1_5--2-5 _____ _ ~~~------~~--~-PROJECT NAME: HME Corporate Headquarters HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 493-2A) for development to occur on property more particularly described as (see attached, Exhibit "A"), 1/We, Carlsbad Oaks Partners, LLC, a California 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 1 IIFILES01V\Departments\CED\LandDev\PROJECTSISDPISDP 15\SDP 15-25 High Tech Corp Headquarters-Bobbett\Bonds and Agreements\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 /II /II Ill /II /II /II Ill /II Ill /II /II Ill /II /II /II Ill /II Ill /II /II 2 \\FILES01V\DepartmentsiCEDILandDev\PROJECTS\SDPISDP 15\SDP 15-25 High Tech Corp Headquarters-Bobbett\Bonds and Agreements\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this \' yt day of __ V""""-.-u_\.~-:f~------' 20_..;_:;;'o __ _ APPROVED AS TO FORM: CELIA BREWER City Attorney By: -t-'-)(2QJ-=-"""'· ~-a~~'-=,...___ aRONK'EMP 'l Assistant City Attorhey City of Carlsbad OWNER(S) Carlsbad Oaks Partners, LLC, a California limited liability Charles H. Miyahira, Manager, Carlsbad Oaks Partners, LLC (Print Name and Title) Date: 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 IIFILES01V\Departments\CED\LandDev\PROJECTSISDPISDP 15\SDP 15-25 High Tech Corp Headquarters· Bobbelt\Bonds and Agreements\HOLD HARMLESS AGREEMENT DRAINAGE.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 Californi County of __ __::~~~~~~~::1:----t On_~~~~~--~~~ Date personally appeared ~=-AJ.,t:!~..6:::l..<c.::_--4[._!-----+J_),._:_~~I...L_l__!__!_-.L.<jf---------------- 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 te of California that the foregoing paragraph true an rect. 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 Capacity(ies) Claimed by Signer(s) Signer's Name: 0 Corporate Officer -Title(s): ___________ __ 0 Partner -0 Limited 0 General D Individual 0 Trustee 0 Other: 0 Attorney in Fact 0 Guardian or Conservator Signer Is Representing: _________ _ Named Above: Signer's Name: 0 Corporate Officer -Title(s): ___________ _ 0 Partner -0 Limited D General 0 Individual D Attorney in Fact 0 Trustee D Guardian or Conservator 0 Other: Signer Is Representing: ______ _ @2014 National Notary Association • www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 4 IIFILES01V\Departments\CEDILandDev\PROJECTSISDP\SDP 15\SDP 15-25 High Tech Corp Headquarters-Bobbelt\Bonds and Agreemenls\HOLD HARMLESS AGREEMENT DRAINAGE doc 01/25/13 -·, Order Number: U-4936911 (06) Page Number: 7 LEGAL DESCRIPTION Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: LOTS 18 AND 19 OF CARLSBAD TRACT NO. 97-13-02, CARLSBAD OAKS NORTH PHASE 2, IN THE CI1Y OF CARLSBAD, COUN1Y OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 15505, FILED IN THE OFFICE OF THE COUN1Y RECORDER OF SAN DIEGO COUN1Y, JANUARY 23, 2007. APN: 209-120-lS:~po and: 209-120-16-00 Rrst American Title