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HomeMy WebLinkAboutPD 2020-0050; Colinas De Oro Community Association; 2021-0612420; Hold Harmless Agreement/ReleaseRECORDING IS REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD WHEN RECORDED MAIL TO: City Cler,k CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad.CA 92008 DOC# 2021-0612420 111111 UII m, IIHI II 11111111111111111111 IIJ 11111 HI 111m Aug 27, 2021 04:52 PM OFFICIAL RECORDS Ernest J. Dronenburg,, Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00 (S82 Atkins: $0.00) PAGES: 5 SPACE ABOVE THIS LIINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: --=2:.:;5.::...5--'-1=52=--=02=-------- PROJECT ID: _P_D_2_0_20_-0_0c...c5....:...0 _____ _ PROJECT NAME: Colinas De Oro Slope Repair HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 528-3A) for development to occur on property more particularly described as (see attached, Exhibit "A"), Colinas de Oro Community Association , a Non-Profit Mutual Benefit Corporation, the applicant for the project and the party with the legal obligation to maintain the drainage system, promise to indemnify and to hold the City of Carlsbad, its officers, agents and employees harmless from liabllity 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 O ICEOILondDev\PROJECTSIPOIPD 2020\PD2020-0050 ColMs De Oro· MeLaugh~nlBM\7925 Calle San Feh~IHOLO HARMLESS AGREEMENT DRAINAGE-HOA.doe 01/2511~ It is further agreed that the above applicant(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 2 O:\CEO\LandOe\l\PROJECTSIPOIPO 20201P02020.0050 Collnas De Oto• Melaughlin\B&A\7925 Calle San FeijpolHOt.O HARMLESS AGREEMENT DAAINAGE•HOA.CIOC 01/25113 IN WITNESS WHEREOF, the undersigned has executed this instrument this t/..£ day of ______ !:\:::>,..---.._/ .::.11,lla:,.:~+----' 20 a I . APPROVED AS TO FORM: CELIA BREWER City Attorney By: ~MPClef: Assistant City Attorney City of Carlsbad APPLICANT Colinas de Oro Community Association, a Non-Profit Mutual Benefit Corporation Justin Gamble President (Print Name and Title) Date: Mario DeAngelis, Secretary (Print Name and Title) Date: 1 Ji-if-i, (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 ICEOILandDow\PROJECTSIPOIPO 20201P02020,0050 ColiMs D@ Oro • Mcl.eughlllllB&A\7925 Calle San FeNpelHOLO HARMLESS AG~EEMENT DRAINAGE·HOA.<IOC 01/25/13 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notmy ptiblicorotherofflcercompleting this ce11ificnte verifies only thll idantttyof the indivlduill who signed the document to which t11is certificate is attached, and not the truthfulness, occur.icy, or v.iHdity of thO'! document. who p1ovod to mo on the basis of satisfactory evidence to be the porson(s) whoso namc(s) ls/are subscribed to the wlt11ln lnstrume11t nnd acknowledged to me th.nt he/she/they executed the s,,me In hls/he1/thelr <1uthorlzed c11pAcltY(les). nnd that by his/her/their slgnature(s) on the Instrument the person(s). or the on11ty upon behalf of which the person(s) acted, executed the Instrument. Ploc:c Notary Seo/ ondlor Stamp Above I certify under PENAL TY OF PERJURY undor the 11:1ws or the State of California that tho foregoing paragraph Is true ond coirect. WITNESS n,y hand and offlcl,il Soni. Signature YY\ OPTIONAL Completing this information c-on deter alteration of the document or frouclulont reattachment of this form to an (111/ntondecl document. Description of Attached Document Title or Type of Document:--~------------------------ DocumentDt1tc: ____________________ Numboror Pages: ___ _ Slgner(s) Other Thon Nomod Above: ______________________ _ Capaclty(los) Claimed by Slgnor(s) s191,cr·s Name: ___________ _ o Corporate orricor -Tltlc(s): ______ _ □ Partner -□ Llmltl?d a Gencrnl S1gne1's Nome: ___________ _ o Corporate Officer -Tltlc(s): ______ _ a Po1tncr -a Limited a Genernl □ Individual a Attorney In Fact □ T1ustco a G1.1ardla11 or Conscrv11tor □ lndlvlduol □ Atto1ney 1n Foci o Trustee □ Guardian or Conservator a Other: a Othc1: Signor Is Representing: ________ _ Signer Is Raprosontlng: ________ _ _,.71t9!0f&NMI ! i l II( I MJ@ll'Jlfl{MI Nill lMKL& S 18118-B ~ 88 88! I B B IUl l 116 ()2019 N11tlonel Notery AssOCllltiM 4 O:ICEOlt.anoDev\PROJECTS\PD\PO 20201P02020-0050 C~ina$ Oo Oro. M<:Laughlin\B&A\7925 C911e San Fel,pe\flOLO HARMLESS AGREEMENT DRAINAGE-HOA <J« 01/25/13 Exhibit "A" Legal Description LOT 7, OF CARLSBAD TRACT NO. 81-16, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, ST A TE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. I 0898, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL JO, 1984. THIS DEED IS MADE AND ACCEPTED UPON THE COVENANTS, CONDITIONS AND RESTRICTIONS SET FORTH IN THE DECLARATION OF RESTRICTIONS RECORDED JUNE I .S, 1984, AS PILE NO. 84-226377 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER, SAN DIEGO COUNTY, CALIFORNIA, AND ANY AMENDMENTS THERETO NOW OF RECORD, ALL OF WHICH ARB JNCORPORA TED HEREIN BY REFERENCE TO SAID DECLARATION WITH THE SAME EFFECT AS THOUGH FULLY SET FORTH HEREIN. A.P.N. 255-152-02-00