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Home My WebLink AboutCDP 2017-0024; Veck Investment Properties LLC; 2021-0327462; Hold Harmless Agreement/ReleaseDOC# 2021-0327462 1111111111111111111111 111 11111111111111111111 111111 11 11 Apr 28, 2021 02.24 PM OFFICIAL RECORDS Ernest J. Dronenburg, SAN DIEGO COUNTY RECORDER FEES: S176.00 (SB2 Atkins: $150.00) 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.: CDP2017-0024 & CDP2017- 0025 PROJECT ID: 207-130-79-00 & 207-130-80- 00 PROJECT NAME: HIGHLAND JAMES HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 483-60) and improvement plan (DWG 483-6D) for development to occur on property more particularly described as (see attached, Exhibit "A"), I/We, VECK INVESTMENT PROPERTIES, 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 QACED)LandDev)PROJECTS)CDP\CDP2017\CDP2017-0024 Highland James (Lot 2) - ChualEs&A)HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25113 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 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. iiI ffl ffl II- ill QACEDILandDev1PROJECTS1CDP‘CDP20171CDP2017-0024 Highland James (Lot 2) • Chua1B&A1HOLD HARMLESS AGREEMENT DRAINAGE.doc 01125/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this day of , 20 z-/ OWNER(S) VECK INVESTMENT PROPERTIES, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY By: (Sign Here) CHARLES S. SPECK, MANAGING PARTNER (Print Name and Title) Date: By: (Sign Here) (Print Name and Title) Date: APPROVED AS TO FORM: CELIA BREWER City Attorney By. 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:\CED1LandDev1PROJEGTS'CDPCDP2017).GDP2017-0024 Highland James (Lot 2) - ChuatS&ANHOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 KATIE-GRACE PREMAN Notary Public - California a San Diego County Commission # 2236808 lay Comm. Expires Apr 2, Nil Place Notary Seal and/or Stomp Above WITNESS my hand and official seal. 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: kioto 0AQ.Ntt-ts$ DocumentDate: Number Of Pages.: 3 Signer(s) Other Than Named Above: CapacIty(les) Claimed by Signer(s) Signer's Name: CAiP44.£5 St:IW tr-4. o Corporate Officer — Title(s): ale15artner — lirtimited o General UIndividual U Attorney in Fact O Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: V erA4 INov‘SrMintsT "PRoPEOM C-5 ,LIA. mczactlits.v vitaintit Signer's Name: 0 Corporate Officer — Title(s): O Partner — o Limited U General o Individual D Attorney in Fact O Trustee 0 Guardian or Conservator 0 Other: Signer is Representing: CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the id entity of the ind ivid ual who signed the d ocument ; to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of before me, 4.° (441kCE P0-61Alinkc RaftP4 PV Date Here Insert Name and Title of the Officer personally appeared •WAilt.1_5f2W SVE:C-g- Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(les), and that by his/her/their 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. 02019 National Notary Association 4 CIACEDllandDevPROJECTS\CDP\CDP20171CDP2017-0024 Highland James (Lot 2) - Chua1B&AlHOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25113 on MAO-LI-4 9 2-Z:a I EXHIBIT 'A' LEGAL DESCRIPTION OF REAL PROPERTY Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: LOT 1 AND 2 OF CARLSBAD TRACT CT 08-06, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 16234, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 1, 2017. APN: 207-130-79-00 (LOT 1) AND 207-130-80-00 (LOT 2)