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HomeMy WebLinkAboutCT 2017-0005; Jewel Development LLC; 2020-0716103; Hold Harmless Agreement/ReleaseDOC# 2020-0716103 111 111111011111 11111111111111110101111111101111 Nov 16, 2020 11:46 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins: $0.00) PAGES: 5 RECORDING 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 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 203-130-25-00, 203-130-26-00 PROJECT ID: CT 2017-0005 PROJECT NAME: Grand West HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 514-3A) and improvement plan (DWG 514-3A) for development to occur on property more particularly described as (see attached, Exhibit "A"), I/VVe, Jewel Development, LLC., a California 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. Q: \CED \LandDev \ PROJECTS \CT\CT2017 \CT2017-0005-Grand West-Levy\ B & A\ NEW OWNER \HOLD HARMLESS AGREEMENT DRAINAGE.doc 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. II- III III II- III II- III II- QACED \ LandDev \ PROJECTS \ CT\ CT2017 \C12017-0005-Grand West-Levy\ & A\NEW OWNER \HOLD HARMLESS AGREEMENT DRAINAGE.doc By: RON KEM Assistant City Attorney City of Carlsbad IN WITWHEREOF, the undersigned has executed this instrument this 234 day of , 20 2-C) OWNER(S) Jewel Development, LLC., a California Limited Liability Company By: (SigrrHe re) Eric de Jong - Manager (Print Name and Title) Date: By: (Sign Here) (Print Name and Title) Date: APPROVED AS TO FORM: CELIA BREWER 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. 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:\CED \LandDev\ PROJECTS \CT\ CT2017 \CT2017-0005-Grand West-Levy\ B & A\ NEW OWNER \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 .Sf:tr% DI C:) On - 2 - 20 20 before me, -1-11 cc-'1-J N , Date Here Insert Name and Title of th4 Officer personally appeared c—rt Name(s) o ner(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)(1sjar-e. y subscribed to the within instrument and acknowledged to me that e sl-uathey executed the same in his oath& authorized capacity(ies), and that lajc[2044efftheir signature s) on the instrument the person(s), or the entity upon behalf of which the person(s) 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. TINA WOODS Notary Public - California San Diego County Commission # 2158875 M Comm. Expires Jul 29, 2020 WITNESS my hand and official seal. cOL Signature of Notary Public 7 ye- incs-k—ta C,y'vmry- I .42;....4e.„—,d A pu_ v cars -i-- -fr 4-- I Ve. rY-Cj KJ— cp 3 - 2C, . Place Notaty Seal 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: g-e-I C— de. -Jon 5 Signer's Name: 0 Corporate Officer — Title(s): E Corporate Officer — Title(s): 0 Partner — Limited 0 General 0 Partner — 0 Limited 0 General 0 Individual 0 Attorney in Fact 0 Individual El Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Trustee E Guardian or Conservator 'Other: Other: SIzier Is Representing: Signer Is Representing: Yr1 e_h ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 4 Q: \CED LandDev\ PROJECTS \CT\ CT2017 \ CT2017-0005-Grand West-Levy\ B & ANEW OWNERN OLD HARMLESS AGREEMENT DRAINAGE.doc EXHIBIT "A" Legal Description For APN/Parcel ID(s): 203-130-26-00 The Southwesterly half of Lot 28 of Schel and Sites Addition to Carlsbad, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 2145 filed in the Office of the County Recorder of San Diego County, February 20, 1929, the Northeasterly line of which is parallel with and distant 54.60 feet Southwesterly from the Northeasterly line of said Lot 28. CLTA Preliminary Report Form - Modified (Adopted: 11.17.2006) Printed: 05.10.19 @ 11:02 AM 3 CA-CT-FWDO-02180.055820-SPS-1-18-73718007314