HomeMy WebLinkAboutSDP 2018-0009; Wentworth Property Company LLC; 2020-0077246; 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# 2020-0077246
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Feb 14, 2020 11 :17 AM
OFFICIAL RECORDS
Ernest ,I Dronen burg, Jr,
SAN DIEGO COUNTY RECORDER
FEES $26.00 (SB2 Atkins $0.00)
PAGES 5
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.: 209-120-04-00 -----------PROJECT ID: SDP 2018-0009
PROJECT NAME: North Oaks Self-Storage
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City's approval of a drainage plan (DWG 517-3A) and
improvement plan (DWG 517-3A) for development to occur on property more particularly
described as (see attached, Exhibit "A"), I/We, WPC-NN Carlsbad Caribou Court, 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.
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DRAINAGE.doc 01/25/13
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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.
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DRAINAGE.doc 01/25/13
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IN WITNESS WHEREOF, the undersigned has executed this instrument this ·-j;;2 ·-p.1111. I() DJ '20 J, C . day of
APPROVED AS TO FORM:
CELIA BREWER
City Attorney
By: -''-+-'-V)"""2__J_.,,,~_n.......,. ......... 1 ____ _
AkoNKEMP~
Assistant City Attorney
City of Carlsbad
OWNER(S)
WPC-NN Carlsbad Caribou, LLC a Delaware limited liability
company
By: --~~~L.,-"C........:-(L..SL.ig....::.n.....:H;_e.L,_re-=)::;___...., _________ _
James R. Wentworth, President
(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.)
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DRAINAGE.doc 01125113
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LEGAL DESCRIPTION
Order Number: NCS-894828-SD
Page Number: 9
Real property in the City of Carlsbad, County of San Diego, State of California, described as
follows:
LOT 5 OF CARLSBAD TRACT NO. 97-13-1, CARLSBAD OAKS NORTH PHASE 1, 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.
APN: 209-120-04-00
First American Title Insurance Company
ARIZONA NOTARY ACKNOWLEDGMENT
State of Arizona
County of /v1tArit of 'l
The foregoing instrument was acknowledged before me this --S?.11..;,,y1 z2, ?ozc
(date) by 5eilVIR.5 K w't,,,f 1,yo/tk-(name of person acknowledged).
(Seal)
•
OFFICIAL SEAL
STEPHEN BUTTERFIELD, JR
Notary Public -Arizona
MARICOPA COUNTY
My Commission Expires
SEPTEMBER 14, 2021
Signature of Person Taking Acknowledgment
TitleorRank 6~56c,n,fc.,
Serial Number (if any) _______ _
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