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Home My WebLink AboutSDP 98-15; Agua Hedionda Lagoon Foundation; 2015-0011620; Hold Harmless Agreement/ReleaseDOC# 2015-0011620 III RECORDING IS REQUESTED Jan 12, 2015 11:11 AM FOR THE BENEFIT OF THE CITY OFFICIAL RECORDS OF CARLSBAD Ernest J. Dronenburg, Jr., OF CARLSBAD SAN DIEGO COUNTY RECORDER FEES: $30.00 WHEN RECORDED MAILTO: FEES: $30.00 City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO. PROJECT ID PROJECT NAIVIE RELATED PROJECT ID: SDP 98-15 Agua Hedionda Lagoon Foundation HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan(s) for development to occur on property more particularly described as (see attached, Exhibit "A"), I/We, Agua Hedionda Lagoon Foundation, the owners 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. WFILESOI V\Departments\CED\ljndDev\PROJECTS\SDP\SDP 90 thu 99\SDP 98\SDP 98-15 Kelly Ranch Village F Nature Center -\Bonds and Agreements\HOLD HARMLESS AGREEI^ENT DRAINAGE (DWG 483-7A).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. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// 2 WFILESOI V\Departments\CED\LandDev\PROJECTS\SDP\SDP 90 thu 99\SDP 98\SDP 98-15 Kelly Ranch Village F Nature Center -\Bonds and A9reennents\H0LD HARMLESS AGREEMENT DRAINAGE (DWG 483-7A).doc 01 /25/13 day IN WITNESS WHEREOF, the undersigned has executed this instrument this Of pet n OWNER(S) Agua Hedionda Lagoon Foundation, a California corporation By: (Sign Here) Maureen Simons, Chairman Date: By: (Print Name and Title) '27 (Sign Here) Graham Beatty, Treasurer Date: 12 APPROVED AS TO FORM: CELIA BREWER City Attorney (Print Name and Title) //g-/H RON KEMP Assistant City Attorney (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. Othenvise, 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.) HARMfF^rSR^itl^n"^^^^ ^°^^^^ ^^"^^^ '^^"y Village F Nature Center -\Bonds and Agreements\HOLD HARMLESS AGREEMEIvIT DfWINAGE (DWG 483-7A).doc 01/25/13 Title No. 09-725123661-C-PP Locate No. CAFNT0972-0972-0051-0725123661 LEGAL DESCRIPTION EXHIBIT "A" THE LAND REFERRED TO HEREIN BELOW IS SmjATED IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CAUFORNIA, AND IS DESCRIBED AS FOLLOWS: LOT 167 OF CARLSBAD TRACT NO. 97-16A KELLY RANCH CORE ACCORDING TO MAP THEREOF NO. 14340 FILED IN THE OFRCE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, CAUFORNIA, ON FEBRUARY 1, 2002, AND AS CORRECTED BY CERTIFICATE OF CORRECTION RECORDED SEPTEMBER 30, 2008 AS INSTRUMENT NO. 2008-0514820 OF OFFICIAL RECORDS. APN: 208-186-05 CLTA Preliminary Report Form - Modifled (Jl/17/06) CALIFORNIA ALL-PURPOSE ACKNOWLEIMSMENT State of California of. County ( } On lI'CX-T^^iM before me, (KKWO Vi\r/.f^f<V>^H^ O^oWt/ P.AL'i Date ^ ' personally appeared r \ / .'t CN Ki\^ ;f gjg. A jf^.^^ 1 OFFICIAL SEAL ^_ MILO L. MCCORMAC ^ NOTARY PUBLIOCALIFORNlAi COMM. NO. 2053109 2? SAN DIEGO COUNTY a MY COMM. EXP. DEC. 23,2017 I Place Notary Seal Alxwe Who proved to me on the basis of satisfactory evklence to be the person^ whose name(s)^ is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same In his/her/therr authorized capacity(i«6), and that by hifi/her/their signature(8) on the instrument the person(»), or the entity upon behalf of whteh the person(8) 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 corred. WITNESS my hand and official seal. Mm./. Signature OPTIONAL - SIgnatui* ol ^Mafy Public Thou^ the Information b^ow Is not required by law, It may prove va/t/aMe to persons relying on the document and could prevent fraudulent removal and reattachment af this fonn to another document. Description of Attached Document Title or Type of Document: Docunwnt Date: Number of Pages:. Signer(8) Other Than Named Above: Capaclty(les) Claimed by Signer(8) Signer's Name: • individual • Corporate Officer —Title(s): • Partner — • Limited • General • Attomey in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHl TMUi.lB'JHItJT OF SIGUfcR Top of thumb here Signer's Name: • Individual • Corporate Officer — Title(s): • Partner — • Umited • Gdnerai • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer is Representing:. niGiU THur.iaPRit.'T Or SIO!-(E-H Top thumb here 02(»7NatlondNalaiyAa«odalkm*9390()eSoloA»e.,P.O.eog(2«)Z>Chal^^ llafn*S907 Reon]BrCalTolM=tMl400«7e4827 4 \\FILES01V\l3epartments\CED\LandDev\PROJECTS\SDP\SDP 90 thu 99\SDP 98\SDP 98-15 Kelly Ranch Village F Nature Center -\Bonds and Agreements\HOLD HARMLESS AGREEMENT DRAINAGE (DWG 4e3-7A).doc 01 /25/13 CALIFORNIA ALL-PURPOSE ACKNOWLEIMSMENT State of California of S County I Qn H,-\7-2^N before me, DatQ Hen InsMi Name andDUe of Ine Olicer f personally appeared f O\VN/C^IAA Bc=^ 'j'-fy,^^^^ } MM*) 1 OFFICIAL SEAL MILD L. MCCORMAC _ NOTARY PUBLIC-CALIFORNlAi COMM. NO. 2053109 S SAN DIEQO COUNTY MY COMM. EXP. OEC. 23,2017 J who proved to me on the basis of satisfactory evkienoe to be the person(8) whose name(^ is/arrsubscribed to the within instrument and acknowledged to me that he/she^tt)^ executed the same In his/hernheii^ authorized capadtyOee), and that by Ns/hefl^r slgnature(8) on the instrument the person(^, or the entity upon behalf of whtoh the person(^ acted, executed the instrwnent. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragmph is true and correct. WITNESS my hand and official seal. Place Notary Seal Atxwe Signature. OPTIONAL - Sgnalura otflotary PiMe Though me ^formation bolow is not tw^dred by law. It may prow valuMe to persons relying on ihe document and could pmonl fraudulent removal aid reattachment of this form to anc^m document Description of Attaclied Document Title or Type of Document:. Document Date: . Number of Pages:. Signer(s) Other Than Named Above: Capacity<le8) Claimed by Signer(8) Signer's Name:. • Individual • Corporate Offteer — Title(8): • ftirtner — • Umited • General • Attomey in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: Top of thumb here Signer's Nanw: • Indnnduai • Corporate Offk»r—Title(s): • Partner — • Umited • Gdneral • Attorney in Fact • Trustee • Guardian or Conservator • Other: ^ner Is Representing: Top of thumb here 02007NBBonalNol«yA8aocMk»«93WOe8aio/We.,RO.Baa402>Chala*i^ HamtSeOT ReaidsrCM1i>ftAMl40M7»48Z7 4 WFILESOI V\DepartrTients\CED\UndDev\PROJECTS\SDP\SDP 90 ttiu 99\SDP 98\SDP 98-15 Kelly Rancti Village F Nature Center -\Bonds and AgreementsVHOLD HARMLESS AGREEMENT DRAINAGE (DWG 483-7A).doc 01/25/13