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HomeMy WebLinkAboutSDP 2016-0001; RAF Group Lot 24 LLC; 2017-0349659; 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# 2017-0349659 111111111111 lllll 111111111111111 lllll lllll lllll 11111111111111111111111 Aug 02, 2017 01:14 PM 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.: 209-120-26-00 -----------~ l'>-PROJECT ID: SDP 2016-0001 /-PROJECT NAME: Carlsbad Oaks North Lot 24 HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 502-3A) for development to occur on property more particularly described as (see attached, Exhibit "A"), I/We, RAF Group Lot 24, 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 1 \\FILES01V\Departments\CED\LandDev\PROJECTSISDPISDP 16\SDP 2016-0001-Carlsbad Oaks Lot 24\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 Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill 2 \IFILES01V\Departments\CED\LandDev\PROJECTS\SDPISDP 16\SDP 2016-0001-Carlsbad Oaks Lot 24\Bonds and Agreements\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this J{cii-h day of ~ ,20_...a.l_t __ OWNER(S) APPROVED AS TO FORM: CELIA BREWER :~cyAW~ RON KEMP Assistant City Attorney City of Carlsbad RAF Group Lot 24, LLC,,a Delaware limited liability company By: RAF Pacifica Group-lopment Fund l,LLC, a California limited liaJ)ility compan , Its Member (Sign Here) Adam Robinson, Manager (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 \IFILES01V\Departments\CED\LandDev\PROJECTSISDPISDP 16\SDP 2016-0001-Carlsbad Oaks Lot 24\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 California County of Scbt\ D ' e @ t) ) Oo 1-\,Cc.j Z.G , ] DI'] befo,e me.<:),.\:, •,v.:J.," r ~ { C L I <".i '1 "'Jii /JU lei; ./i uf J /2 (_ Date t\. 1 ~ I .~ Here Insert Name and Title of the O leer personally appeared !·~ Cl CA. vt..:1 k-0 VJ~ v1 S0:V:) Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person~whose nam~ is/are-- subscribed to the within instrument and acknowledged to me that hctst:ie'ill.e¥ executed the same in his/t-ier'thQir authorized capacit~, and tha:,~ hisft'le1/lfl-~8ir signatu~ on the instrument the pers~· or the entity upon behalf of which the persoo/1 acted, executed the instrument. Place Notary Seal Above I certify under PENAL TY OF PERJURY under the laws of the State of Calif rni& that the foregoing paragraph is true and correct ---------------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: ____________ _ D Corporate Officer -Title(s): ______ _ D Corporate Officer -Title(s): ______ _ D Partner -D Limited D General D Partner -D Limited D General D Individual D Attorney in Fact D Individual D Attorney in Fact D Trustee D Guardian or Conservator D Trustee D Guardian or Conservator D Other: ______________ _ D Other: Signer Is Representing: _________ _ Signer Is Representing: _________ _ ©2014 National Notary Association• www.NationalNotary.org • 1-800-US NOTARY (1·800-876-6827) Item #5907 4 \IFILES01V\Departments\CED\LandDev\PROJECTSISDP\SDP 16\SDP 2016-0001-Carlsbad Oaks Lot 24\Bonds and Agreements\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 Order Number: U-5112454 (06) Page Number: 9 E--x/f-1161 r ':A ', LEGAL DESCRIPTION Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: LOT 24 OF CARLSBAD TRACT NO. 97-13-03, CARLSBAD OAKS NORTH PHASE 3, IN THE CITY CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 16145, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 13, 2016. APN: 209-120-26-00 First American Title