HomeMy WebLinkAboutPD 2020-0046; Carlsbad Unified School District of San Diego County; 2021-0495912; Hold Harmless Agreement/ReleaseDOC# 2021-0495912
111111111111 II III II II III II IlI III II 11II
Jul 12, 2021 09:39 AM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES: S0.00 (SB2 Atkins: S0.00)
RECORDING IS REQUESTED
FOR THE BENEFIT OF THE CITY
OF CARLSBAD
PAGES: 5
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.: 207-241-01-00
PROJECT ID: PD2020-0046
PROJECT NAME: Kelly Elementary School
Modernization
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City's approval of a drainage plan (DWG 527-6A) for development
to occur on property more particularly described as (see attached, Exhibit "A"), I/VVe, Carlsbad
Unified School District of San Diego County, California, 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
Cli \CEDILandDev PROJECTS \PD1PD 2020M:02020-0046 Kelly Elementary School Modernization - Rick1B&A \ HOLD 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.
///
///
II-
I"
III
III
HI
HI
HI
HI
III
HI
N
N
N
HI
HI
HI
III
HI
///
2
QACECKLandDevIPROJECTSIPDIPD 2020\PD2020-0046 Kelly Elementary School Modernization - Rick \ Et&AlHOLD HARMLESS AGREEMENT DRAINAGE.doc
01/25/13
By:
ON KEMP
Assistant City Attorney
City of Carlsbad
IN WITNESS WHEREOF, the undersigned has executed this instrument this 2 (p day of
Mal , 20 2-
OWNER(S)
Carlsbad Unified School District of San Diego County,
California
By:
(Sign Herg)
(Print FT teiixl Title)
Date:
By:
(Sign Here)
Eric Dill, Assistant Superintendent, Business Services
(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\LandDevPROJECTS\PD\PD 2020TD2020-0046 Kelly Elementary School Modernization - RicktB&A 5 HOLD HARMLESS AGREEMENT DRAINAGE.doc
01/25113
WITNESS my hand and official seal.
Signature (Seal)
ACKNOWLEDGMENT
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 CatifQrnia r‘•
County of 6k,)') st) 9 6
on rl c)f)>1 before me, CDOU-- T)CSYLOITIF,
(inse name and tiit% of the officer)
kb`t) I
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
personally appeared ertC 6. 1(1
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/sheitrey executed the same in
his/her/their authorized capacity(ics), and that by hisftrertttleir signature-(s) on the instrument the
person(s) or the entity upon behalf of which the person(s)--acted, executed the instrument.
ey)--,owy),:vyyryrenwrerya-m-yvyyy•-yrn,.
DOUGLAS DESJARDINS 4 COMM. #2319380 ,;11 NOTARY PUBLIC-CALIFORNIA ./ SAN DIEGO COUNTY r): 4,7init, ' MY COMM. EXPIRES JANUARY 19, 2024 „>
EXHIBIT A
LEGAL DESCRIPTION
Real property in the City of Carlsbad, County of San Diego, State of California, described as follows:
LOT 79 OF LAGUNA RIVIERA SUBDIVISION, UNIT NO. 3, ACCORDING TO MAP THEREOF NO. 6364
FILED IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ON FEBRUARY 26, 1969.
APN: 207-241-01-00