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HomeMy WebLinkAboutSDP 16-10; RAF Group Lot 8 LLC; 2017-0075896; 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# 2017-0075896 II IIIII IIIII IIIII IIIII 1111 11111111111111111111111111 11111111111111 1111 Feb 15, 2017 11:01 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.: 2091200700 PROJECTID: -=o~EV~16~0~17~/~S~D~P~1~6~-1~0~--- PROJECTNAME: ~C~a_rl~sb~a~d~O~a~k_s_L_o~t~8 ______ _ HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 497-9A) for development to occur on property more particularly described as (see attached, Exhibit "A"), 1/We, RAF Group Lot 8 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 1\FILES01V\Departments\CED\LandDev\PROJECTSISDPISDP 16\SDP 16·10 Carlsbad Oaks Lot 8 • Rick\8 & 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 16\SDP 16-10 Carlsbad Oaks Lot 8-Rick\8 & AIHOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this ·2. '1 day of __ D=---.,;((.Cer0.....,· ="-';,....:,_;;;h_cf"------' 20 )lo APPROVED AS TO FORM: CELIA BREWER City Attorney By: -+L12~~_.L...l~~r:v~--=-­'RONKEM~~ Assistant City Attorney City of Carlsbad OWNER(S) RAF Group Lot 8, LLC, a Delaware limited liability company By: RAF Pacifica Group-Developmen Fund I, LLC, a California limited liability mp9f{'y, Its Member / By: Date: Wrint Naml and Title) (L-( 2--1 ( to 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\Departments\CED\LandDev\PROJECTS\SDPISDP 16\SDP 16-10 Carlsbad Oaks Lot 8 • Rick\B & AIHOLD 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 California "'-. County of So~,V\ w.' e Cj c ' ) 2 ' J ' { f. ~ r ' ' . I .. on\);u~V\hcc 2t "-Dibbeforeme, jGbnY\G lo·e t'\C .Y\e:Jt\~V) f\JDt~y, "fubl IL, Date A , ·u I , Here Insert Name and Title of the Off1cer personally appeared,dfA. M l'-O~i b S:o VJ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person~ whose nam~{l(is/~ subscribed to the within instrument and acknowledged to me that he/sbii'-tl:ley executed the same in hislil~i~1tJ:.lei1'-authorized capacityw,-and that by hislfterftheir signature!.s7on the instrument the perso~ or the entity upon behalf of which the perso~ 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 ha and offid ~eal. -~ / SABRINA ZOE MCCHESNEY • commission# 2060339 z < Notary Public • California ~ ~ san Diego County I J 4 0 4 4 4 !J £OT'!}· ;xglr:s 0M!r 9·J~1 ~ Place Notary Sea/ 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: ------------- Capacity(ies) Claimed by Signer(s) Signer's Name: ------c-c-------- 0 Corporate Officer -Title(s): ______ _ Signer's Name:------,-.,----------- 0 Corporate Officer -Title(s): ______ _ 0 Partner - 0 Limited 0 General 0 Partner - 0 Limited 0 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: _________ _ ©2014 National Notary Association· www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 4 \IFILES01V\Departments\CED\LandDev\PROJECTSISDPISDP 16\SDP 16-10 Carlsbad Oaks Lot 8 • Rick\B & AIHOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL A: LOT 8 OF CARLSBAD TRACT NO. 97-13-1, CARLSBAD OAKS NORTH PHASE I, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 14926, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 15,2004. PARCELB: NON-EXCLUSIVE EASEMENTS OVER COMMON AREAS AND OTHER LOTS AS RESERVED AND DESCRIBED IN DOCUMENT ENTITLED "DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR CARLSBAD OAKS NORTH BUSINESS PARK" RECORDED FEBRUARY 5, 2007 AS INSTRUMENT 2007008 I 082 OFFICIAL RECORDS OF SAN DIEGO COUNTY AND AMENDED BY DOCUMENT RECORDED MARCH 20, 20 I 3 AS INSTRUMENT NO. 2013-0175873 OFFICIAL RECORDS OF SAN DIEGO COUNTY CALIFORNIA. APN: 209-120-07