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Home My WebLink AboutCDP 2019-0005; Nextmed III Owner LLC; 2020-0554343; Hold Harmless Agreement/ReleaseI ' 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 DOC# 2020-0554343 111111111111 lllll 111111111111111111111111111111 IIIII 111111111111111111 Sep 21, 2020 11 :24 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES $0.00 (S82 Atkins: $0 00) PAGES: 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 211-040-18-00 --=..:.....;,_:...,;_:;_.;..::.......:..:..,__ ____ _ -;-c PROJECT ID: CDP2019-0005 PROJECT NAME: Carlsbad Corporate Plaza Parking Structure HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 524-1A) and improvement plan (DWG 524-1) for development to occur on property more particularly described as (see attached, Exhibit "A"), I/We, Nextmed Ill Owner, LLC, a Delaware 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. 1 O:ICED\LandDev\PROJECTS\CDPICDP2019\CDP2019-0005 Carlsbad Corporate Plaza Parking Structure -CarromB & A\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 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. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill 2 Q:ICED\LandDev\PROJECTSICDPICDP2019ICDP2019-0005 Carlsbad Corporate Plaza Parking Structure -Carroll\B & AIHOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this \,-+'-' day of fu><j \JS:\' , 20 W . APPROVED AS TO FORM: CELIA BREWER City Attorney By: _An,....._.....Q J...___n~.,,,., ~NKEMP ~ Assistant City Attorney City of Carlsbad OWNER(S) Nextmed Ill Owner, LLC, a Delaware Limited Liability Company By: Nextmed Ill, LLC, a California Limited Liability Company, its Managing Member By: s Scott Leggett, Manager, Nextmed Ill, LLC (Print Name and Title) Date: By: (Sign Here) (Print Name and Title) Date: (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\LandDev\PROJECTSICDPICDP2019\CDP2019-0005 Carlsbad Corporate Plaza Parking Structixe • CarrolnB & AIHOLD HARMLESS AGREEMENT DRAINAGE doc 01/25/13 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 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 California } County of S,I\ Q t"ej /J On O 8') 17 h. D 'L-0 before me t1Lt/J LJ ;1 Jo I') 1 /J fl± ,U-Y Pv h J 'L f Date s I j_. He~ ~ert Name and Titl/4 the Officer personally appeared c..on L (;,rt,.e ,,.- Ue(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ls/are subscribed to the within Instrument and acknowledged to me that he/she/they executed the same In his/her/their authorized capaclty(les), and that by his/her/their slgnature(s) on the Instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the Instrument. EVAN WILSON Notary Public · California z San DlfiO County ! , Commission# 2323428 ~. ·,, ••'• My Comm. Expires Mar 28, 2024 Place Notary Seal and/or Stamp Above I certify under PENAL TY OF PER JU RY under the laws of the State of California that the foregoing paragraph Is true and correct. 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 Title or Type of D r:M.!f;--- Document Date: ,.Oc..q.+'-'-+-..1.....!'-"'--"'-------------Number of Pages: __ f----- Slgner(s) Other Than Named Above: ______________________ _ Capaclty(les) Claimed by Slgner(s) Signer's Name: ___________ _ o Corporate Officer -Tltle(s): ______ _ o Partner -o Limited o General Signer's Name: ___________ _ o Corporate Officer -Tltle(s): ______ _ o Partner -o Limited o General o Individual o Attorney In Fact o Individual o Attorney In Fact o Trustee o Guardian or Conservator o Trustee o Guardian or Conservator D Other: D Other: Signer Is Representing: _________ _ Signer Is Representing: _________ _ <i;>2019 National Notary Association 4 O:ICED\LandDev\PROJECTSICDPICDP20191CDP2019-0005 Carlsbad Corp0<ate Plaza Parking Structure -CarromB & AIHOLD HARMLESS AGREEMENT DRAINAGE doc 01/25113 For APN/Parcel ID(s): 211-040-18-00 EXHIBIT "A" Legal Description Parcel 3 of Parcel Map No. 3415, in the City of Carlsbad, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, January 21 , 1975 as file no. 75-014212 of Official Records.