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Home My WebLink AboutPD 2019-0032; 1731 Thomas LLC; 2020-0500373; 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# 2020-0500373 111111111111 lllll 11111111111111111111111111111111111111111111111111111 Aug 31, 2020 03:08 PM OFFICIAL RECORDS Ernest .J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins: $0.00) PAGES 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: PROJECT ID: PROJECT NAME: HOLD HARMLESS AGREEMENT DRAINAGE 215-491-09-00 PD2019-0032 Goertzen Residence In consideration of the City's approval of a drainage plan (DWG 520-8A) and improvement plan (DWG 520-8A) for development to occur on property more particularly described as (see attached, Exhibit "A") I/We, 1731 Thomas LLC, a 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. 1 Q \CED\LandDev\PROJECTSIPDIPD 2019\PD2019-0032 Goertzen Residence -Carroll\B & AIHOLD HARMLESS AGREEMENT DRAINAGE.doc 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 DOC# 2020-0500373 111111111111 lllll 11111111111111111111111111111111111111111111111111111 Aug 31, 2020 03:08 PM OFFICIAL RECORDS Ernest .J. Dronen burg, Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins $0 00) PAGES 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: PROJECT ID: PROJECT NAME: HOLD HARMLESS AGREEMENT DRAINAGE 215-491-09-00 PD2019-0032 Goertzen Residence In consideration of the City's approval of a drainage plan (DWG 520-SA) and improvement plan (DWG 520-SA) for development to occur on property more particularly described as (see attached, Exhibit "A") I/We, 1731 Thomas LLC, a 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. 1 Q:\CED\LandDev\PROJECTS\PD\PD 2019\PD2019-0032 Goertzen Residence -Carroll\B & A\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. 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\PDIPD 2019\PD2019-0032 Goertzen Residence -Carroll\B & A\HOLD HARMLESS AGREEMENT DRAINAGE.doc -f"'n IN WITNESS WHEREOF, the undersigned has executed th is instrument this & day of A-vjv$-t ,2o_J..~O __ _ APPROVED AS TO FORM : CELIA BREWER City Attorney By kv w °RoNKEMP Assistant City Attorney City of Carlsbad OWNER(S) 1731 Thomas LLC, a Limited Liability Company By:~~ ~-ig_n_H-er_e_) ________ _ Greg Goertzen, Operating Manager (Print Name and Title) Date: i'JA°/?<=7 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 Q:\CED\LandDev\PROJECTS\PD\PD 2019\PD2019-0032 Goertzen Residence -Carroll\B & AIHOLD HARMLESS AGREEMENT DRAINAGE.doc For APN/Parcel ID(s): 215-491-09-00 EXHIBIT "A" Legal Description Lot 84 of Carlsbad Trac t No. 75-4 La Costa Estates North , in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No 8302, fi led in the Office of the County Recorder of San Diego County, May 5, 1976 Excepting therefrom 1 /16Ih of al l coal, oi l, ga s and other mineral deposits contained in the ast Half of the Southeast Quarter of Section 25, Township 12 South, Range 4 West, as reserved by the State of Californ ia in patent recorded April 22 , 1954 in Book 5212, Page 490 of Official Records, the right to the use of the surface, including its right to enter such Land s to a depth of 500 below the surface was released and was quitclaimed by the State of Californ ia to La Costa Land Company by a quitclaim recorded June 30, ·1971 as 71 -141047 of Official Records