HomeMy WebLinkAboutCDP 2020-0007; Terra Bella Development LLC; 2021-0495911; Hold Harmless Agreement/ReleaseDOC# 2021-0495911
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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
Jul 12, 2021 09:39 AM
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:
214-021-11-00
CDP 2020-0007
Terra Bella Development
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City's approval of a drainage plan (DWG 528-5A) for development
to occur on property more particularly described as (see attached, Exhibit "A"), INVe, Terra Bella
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.
It is further agreed that the above owner(s) will maintain all drainage systems to insure a
QACEDYLandDev1PROJECTS\CMCDP2020lCDP202C-0007 Terra Bella Development - Chualti&A1HOLD HARMLESS AGREEMENT DRAINAGE.doc
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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.
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By:
RON KEMP
Assistant City Attorney
City of Carlsbad
IN WITNESS VyI.17EREOF, the undersigned has executed this instrument this day of
ti tbe--- , 20 2-- /
OWNER(S)
Terra Bella Development, LLC, a California Limited Liability
Company
By:
(Sign Here)
Meng Xu, Managing Member
(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
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1 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.
Here Insert Na e and Title of e Officer Date
personally appeared
State of California
County of C 4 14
on _et, /of zit's./ before me,
Signature
OPTIONAL
Completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document
Descrip n of Attached Document
Title or Ty of Document
DocumentDat
Signer(s) Other Tha Named Above:
Capacity(les) Claimed b igner(s)
Signer's Name:
0 Corporate Officer — Title(s): 0 Corporate Officer — Title
O Partner — 0 Limited 0 General 0 Partner — ci Limited General
O Individual ci Atto y in Fact individual 0 Attorney In Fact
▪Trustee o Guardian or Conservator 0 Trustee 0 Guardian or Conservator
0 Other: 0 Other:
Signer Is Representing: Signer is Representing:
igner's Name:
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
/)//vt.2 )c4 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.
JON SCOTT
Comm. # 2245614 m NOTARY PUBLIC. CALIFORNIA VI SAN 01E00 COUNTY jAll. En. Ay
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph Is true and corr t.
WITNESS my hand and o iai seal.
Place Notary Seal and/or Stamp Above Signature o otary Public
C)2019 National Notary Association
4
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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 5 IN BLOCK 24 OF LA COSTA DOWNS UNIT NO, 1, IN THE CITY OF CARLSBAD, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2013, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY ON APRIL 6, 1927.
APN: 214-021-11-00