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HomeMy WebLinkAboutSDP 2018-0020; BG Consolidated LLC; 2021-0392989; Hold Harmless Agreement/ReleaseDOC# 2021-0392989 11101111111111111111111111111111111111111111111111111111111111 May 25, 2021 10.05 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr.; SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins: $0.00) RECORDING IS REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD WHEN RECORDED MAIL TO: PAGES: 5 City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 204-091-13 - PROJECT ID: SDP2018-0020 PROJECT NAME: 540 Chestnut Ave HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 523-6A) for development to occur on property more particularly described as (see attached, Exhibit "A"), INVe, BG Consolidated, 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. It is further agreed that the above owner(s) will maintain all drainage systems to insure a 1 QACEDlLandDev1PROJECTSISDPISDP 18 SDP2018-0020 540 Chestnut SFR - RickMAIIHOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 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 III • Ill III II- 2 GACF.DlLandDev1PROJECTS1SDPISDP 15‘SDP2018-0020 540 Chestnut SFR - RicklEt&AIHOLD HARMLESS AGREEMENT DRAINAGF.doc 01/25/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this 18 day of TOLA-t oa,trti , 20 -2--k OWNER(S) BG Consolidated, LLC, a California Limited Liability Company By: (Sign Here) Tom Gaeto, Managing Member (Print Name and Title) Date: By: (Sign Here) (Print Name and Title) Date: APPROVED AS TO FORM: CELIA BREWER City Attorney 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 QACEDILandDev1PROJECTSISDPISDP 181SDP2018-0020 540 Chestnut SFR - RicklEMAIFIOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 before me CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 dtfariliM1888011313121811 A notary public o r 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 On CI k.2-0Z I Date personally appeared L 6•&,Guy i o 191,t_61 , Here Insert Name and Title of the Officer 6-Azto 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(ies), 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. LISA GARCIA Notary Public - California San Diego County Commission # 2301704 My Comm. Expires Aug 17, 2023 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS my hand and official seal. Signature Place Notary Scal and/or Stomp Above Signature of Notary Public 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: Signer's Name: o Corporate Officer - Title(s): o Corporate Officer - Title(s): O Partner - 0 Limited 0 General o Partner - 0 Limited o General o Individual 0 Attorney In Fact 0 Individual 0 Attorney in Fact o Trustee o Guardian or Conservator 0 Trustee 0 Guardian or Conservator 0 Other: 0 Other: Signer is Representing: Signer is Representing: ©2019 National Notary Association 4 CIACED1LandDev1PROJECTS1SDPISDP 481SDP2018-0020 540 Chestnut SFR - RicIA138,AlHOLD HARMLESS AGREEMENT DRAINAGEdoc 01/25/13 PRELIMINARY REPORT Chicago Title Company YOUR REFERENCE: ORDER NO.: 00127344-996-SD1-RT4 EXHIBIT "A" LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: LOT 32 OF BLOCK 30 OF CARLSBAD TOWNSITE, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 775, FILED IN THE OFFICE OF THE RECORDER OF SAN DIEGO COUNTY, FEBRUARY 15, 1894. APN(s).204-091-13-00 CLTA Preliminary Report Form — Modified (11/17/06) Page 4