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Home My WebLink AboutSDP 16-05; Techbilt Income Properties Inc; 2016-0673336; 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# 2016-0673336 llllllllllllllllll/lllllllllllllll/llllllllllll/1/llll/lllllllllllllll Dec 08, 2016 11:11 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.: 209-083-15-00 ----------------------{'Lf!;) PROJECT ID: SDP 16-05 v PROJECT NAME: Carlsbad Oaks East Lot 24 HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 495-1A) for development to occur on property more particularly described as (see attached, Exhibit "A"), 1/We,Techbilt Income Properties, Inc., a California corporation, 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 \IFILES01V\Departments\CED\LandDev\PROJECTSISDPISDP 16\SDP 16-05 Ca~sbad Oasks East Lot 24-Levy\Bonds and AgreementiHOLD HARMLESS AGREEMENT DRAINAGE.doc 01125113 ',],) .. 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. /II Ill Ill Ill /II Ill Ill /II Ill Ill Ill Ill /II Ill Ill Ill Ill /II Ill Ill Ill 2 \IFILES01V\DapartmantsiCED\LandDav\PROJECTSISDPISDP 16\SDP 16.05 Ca~sbad Oasks East Lot 24· Lavy\Bonds and Agraamant\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this '2. 7th. day of __ O_v_i_o_l-ac_r _____ , 20 lb APPROVED AS TO FORM: CELIA BREWER City Attorney By }/'(h_~ RONKEMP Assistant City Attorney City of Carlsbad OWNER(S) Techbilt Income Properties, Inc., a California corporation By: (Sign Here) Theodore Tchang, President, Techbilt Income Properties, Inc. (Print Name and Title) Date: By: - Genevieve Tchang Frost, Secretary, Techbilt Income Properties, Inc. (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 \\FILES01VIDepartments\CED\LandDev\PROJECTS\SDPISDP 16\SDP 16.05 Carlsbad Oasks East Lot 24-Levy\Bonds and Agreement\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing til. is certificate verifies only tile identity of the individual who signed the l document to which this certificate is attached. and not the truthfulness. accuracy. or validity of that document. --·· ·-····· ·-. ······-·· State of California ) County of ~J::].kl6~-----) On ~'o5_2-1-,l)l\ ~---before me. -~~-~,_~-6.-C':LBJ-;_};L::_. ____ . Date Here Insert Name and Title of the Officer personally appeared ~~:J ~8 ~:~:~L~ene.NiC..~ \ c_~f~_~&~_ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) i(,/are subscribed to the within instrument and acknowledged to me that lie~/they executed the same in ~r/their autl1orized capacity(ies), and that by ~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~~ Signatu~ f 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 Document Title or Type of Document: Document Date: _________ _ Number of Pages: -----· Signer(s) Other Than Named Above: __ ····--------------- Capacity(ies) Claimed by Signer(s) Signer's Name: _ Signer's Name: ____________ _ 0 Corporate Officer -Title(s): ________ _ D Corporate Officer -Title(s): _______ _ 0 Partner -0 Limited 0 General 0 Partner -0 Limited D General 0 Individual 0 Attorney in Fact 0 Individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Trustee 0 Guardian or Conservator 0 Other: 0 Other: _______________ _ Signer Is Representing:--·····---··-------·········--Signer Is Representing: --------------.. ·- \<;l2014 National Notary Association· www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 4 \IFILES01V\Oepartments\CED\LandDeviPROJECTSISDP\SDP 16\SDP 16-05 Cartsbad Casks East Lot 24-Lavy\Bonds and Agraamant\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25113 t;"'y. hJ bit-//f I 1 LEGAL DESCRIPTION Order Number: NCS-775638-SD Page Number: 9 Real property in the City of carlsbad, County of SAN DIEGO, State of California, described as follows: PARCEL 2 OF PARCEL MAP NO. 1_!)69~, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CAUFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 5, 1989 AS FILE NO. 89:295421 OF OFFICIAL RECORDS. APN: 209-083-15-00 First American Title Insurance Company