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HomeMy WebLinkAboutSDP 2018-0011; Gomez, Michael; 2020-0038914; 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# 2020-0038914 11111111111111111111111111111111 IIIII 11111 lllll lllll 111111111111111111 Jan 24, 2020 09:46 AM OFFICIAL RECORDS Ernest J. Dronen burg, Jr, SAN DIEGO COUNTY RECORDER FEES $0.00 (SB2 Atkins $0.00) PAGES: 8 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 204-084-05-00 ------------PROJECT ID: SDP 2018-0011 PROJECT NAME: Gomez Renovation HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 517-9A) for development to occur on property more particularly described as (see attached, Exhibit "A"), I, Michael T. Gomez, a single man, the owner 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. It is further agreed that the above owner(s) will maintain all drainage systems to insure a Q \CED\LandDev\PROJECTS\V\V2018\V2018-0006 Gomez Renovation· Rick\B & A\HOLD HARMLESS AGREEMENT DRAINAGE.doc 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 Q \CED\LandDev\PROJECTS\V\V2018\V2018-0006 Gomez Renovation -R1ck\B & A\HOLD HARMLESS AGREEMENT DRAINAGE doc IN WITNESS WHEREOF, the undersigned has executed this instrument this ____ day of ______________ ,20 _____ _ OWNER(S) Michael T. Gomez, a single man APPROVED AS TO FORM: CELIA BREWER City Attorney Date: By: Date: Abigail Gomez, Attorney-in-fact (Print Name and Title) (Sign Here) (Print Name and Title) By: f/t4Uidl, /( IUc/v&lPd~ M,u RON KEMP .,.,. Assistant City Attorney City of Carlsbad (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 Q:ICED\LandDev\PROJECTSIVIV2018\V2018-0006 Gomez Renovation -Rick\B & A\HOLD HARMLESS AGREEMENT DRAINAGE.doc 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 5·un VI t-c./{) ) , . o..3i D"'W) Z: aw befo,e me, tdcen L-iitlr?< 1 J AJ~ Pu.h L/(1 . ate _ /lJ Here Insert Name and Ti of the Officer personally appeared [I[}1qa, L U-{)Jnf: "2.... Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the ~on(s) whose name(s>:1s)'are subscribed to the within instrument and acknowled~d to me that h~/they executed the same in his/1,at/their authorized capacity(ies), and that by hiS(fiedtheir signature(s) on the instrument the person(s), or tfie entity upon behalf of which the person(s) acted, executed the instrument. Place Notary Seal Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. . i/ ;J.-1--. Signature_...:7r;k_:,,;....,_.a.ULL,==.u....:.,·,-~"""'"'-~"-,------- Signature of 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 Do9',1~8Jlt.u / . -4:ri f"l0'-'/}7t;;d-·p{};-11 (YI /J.J2 . Title or Type of Document: f1l!tLrftl[[!//t§ '(]1 (.~J Document Dated". __ -_____ _ Number of Pages: ___ Signer(s) Other Than Named Above: ____________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ____________ _ Signer's Name: ____________ _ □ Corporate Officer -Title(s): ______ _ □ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General □ Partner -□ Limited □ General □ Individual □ Attorney in Fact □ Individual □ Attorney in Fact □ Trustee □ Guardian or Conservator □ Trustee □ Guardian or Conservator □Other: ______________ _ □ 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 Q:ICED\LandDev\PROJECTSICnCT2018\CT2018-0005 Village Walk -Carroll\Bonds and Agreements\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 EXHIBIT "A" LEGAL DESCRIPTION Order No.: 19-279978 THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: . LOT 25 IN BLOCK 40 OF THE TOWN OF CARLSBAD AMENDED, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 775, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. APN: 204-084-05-00 WFG Form No. 3151600 Cl TA Preliminary Report Form (06-05-14) Page 2 of 12 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: .Michael T. Gomez 3159 Madison Street Carlsbad, CA 92008-3085 NOTICE: THE POWERS GRANTED BY THIS ·DOCUMENT ARE BROAD AND SWEEPING. THEY ARE EXPLAINED IN THE UNIFORM STA TIJTORY FORM POWER OF ATTORNEY ACT (CALIFORNIA PROBATE CODE SECTIONS 4400-4465). THE POWERS LISTED IN nns DOCUMENT DO NOT INCLUDE ALL POWERS THAT ARE AVAILABLE UNDER THE PROBATE CODE. ADDmONAL POWERS AVAILABLE UNDER THE PROBATE CODE MAY BE ADDED BY SPECIFICALLY LISTING TIIEM UNDER THE SPECIAL INSTRUCTIONS SECTION OF nns DOCUMENT. IF YOU HA VE ANY QUESTIONS ABOUT THESE POWERS, OBTAIN COMPETENT LEGAL ADVICE. THIS DOCUMENT DOES NOT AUTHORIZE ANYONE TO MAKE MEDICAL AND OTHER HEALTH-CARE DECISIONS FOR YOU. YOU MAY REVOKE THIS POWER OF ATTORNEY IF YOU LATER WISH TO DO SO. I Michael T. Gomez residing at 3159 Madison Street Carlsbad, CA 92008-3085 appoint Abigail Gomez my Mother (relationship of Agent to Principal) residing at 4765 Gateshead Rd. Carlsbad, CA 92010 as my agent (attorney-in-fact) to act for me in any lawful way with respect to the following initialed subjects: TO GRANT ALL OF THE FOLLOWING POWERS, INITIAL THE LINE IN FRONT OF (D) AND IGNORE THE LINES IN FRONT OF THE OTHER POWERS. Prime Lending -20 IS (California) Page I of3 TO GRANT ONE OR MORE, BUT FEWER THAN ALL, OF THE FOLLOWING POWERS, INITIAL THE LINE IN FRONT OF EACH POWER YOU ARE GRANTING. TO WITHHOLD A POWER, DO NOT INITIAL THE LINE IN FRONT OF IT. YOU MAY, BUT NEED NOT, CROSS OUT EACH POWER WITHHELD. INITIAL (A) Real property transactions. (B) Tangible persona] property transactions. -.-L(C) Banking and other financial institution transactions. ~ (D) ALL OF THE POWERS LISTED ABOVE. YOU NEED NOT INITIAL ANY OTHER LINES IF YOU INITIAL LINE (D). SPECIAL INSTRUCTIONS: ON THE FOLLOWING LINES YOU MAY GIVE SPECIAL INSTRUCTIONS LIMITING OR EXTENDING THE POWERS GRANTED TO YOUR AGENT. Real property transactions including: 3159 Madison Street Carlsbad, CA 92008-3085 UNLESS YOU DIRECT OTHERWISE ABOVE, THIS POWER OF A TIORNEY IS EFFECTIVE IMMEDIATELY AND WILL CONTINUE UNTIL IT IS REVOKED. This power of attorney wi11 continue to be effective even though I become incapacitated. PrimcLcnding -2015 (California) Page2of3 I agree that any third party who receives a copy of this document may act under it A third party may seek identification. Revocation of the power ofattomey is not effective as to a third party until the third party has actual knowledge of the revocation. I agree to indemnify the third party for any claims that arise against the third party because of reliance on this power of attorney. Signed this ] i ., day of Q G <.,en be,, .20 (7 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. · (,,~ l'I /) e rb,· J STA TE OF-9,lrf:ff'Oft:!Uilt, COUNTY OF f ( f\ \/ . § § § On 7 Oe[,,<e,;tr '2012 before me, ;_s b f ✓ e:-rc:f( II r Rt::-e ,i a Notary Public personally appeared Michael T. Gomez , who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Odtfonria that the foregoing paragraph· is true and correct. ,,,, .. ,,,,, WITNESS my hand and official seal. Signature: Name: £. Ve ,e.& A« /) et-S: .J~ (,, 1 f. '1rnv .. p1_rt,t-e,1>.J-fl/l,() My comm1ss1on expires: a 't to f / al. t> ;..o re. r A-r l. 7 -'!i~ PrimeLending-2015 (California) ,, ,, ,, I~ , ,, ~ ··········u._r.', ~ ~-·· ·· .. u-', 'C;j .· ~ ~ 'I,.·.• .,. :-:· 0 0 * 0 ·._..,,: -"'~. * c:::, c:::, :;..I • , --m:-o tn(Jl*'E: ::i,--: : c::, ,..o O ~==--= -~:~ ~io.* :~• ":. o\ 'ti*~ '&t /°"': -~--. "iii •· ~ --o·-. ..•: , , C' ········ ,., ",,, '4TE ,,, ,,,, .. ,,,,, Page3 of3