HomeMy WebLinkAboutPD 2021-0040; AB3 LLC; 2022-0466496; Hold Harmless Agreement/Release, .
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# 2022-0466496
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Dec 13, 2022 09:57 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.: 204-171-10, 204-171-11
PROJECT ID: PD 2021-0040
PROJECT NAME: 786 Palm Ave. -----------
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City's approval of a drainage plan (DWG 534-4A) and
improvement plan (DWG 534-4A) for development to occur on property more particularly
described as (see attached, Exhibit "A"), I/We, AB3, LLC., 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, directl y 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
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Q.ICED\Adm1n\B&AIPROJECTSIPD 2021-0040-786 Palm Avenue_D RIHOLD 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.
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Q.ICED\Admin\B&A\PROJECTSIPD 2021-0040-786 Palm Avenue_D.RIHOLD HARMLESS AGREEMENT DRAINAGE doc 01/25/13
IN WITNESS WHEREOF, the undersigned has executed this instrument this ~
M>)G\AeGI\-, 20,__,.2.-e::..,Z-=---
day of
OWNER(S)
(Sign Here)
Albert Bertha, Managing Member
(Print Name and Title)
Date:
By: ----------------------
APPROVED AS TO FORM:
CINDIE MCMAHON
City Attorney
By ~tPGr
Date:
Senior Assistant City Attorney
City of Carlsbad
(Sign Here)
(Print Name and Title)
(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.)
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CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 .......... _... ...... lOl)O(l0a-Wlllk'A• ........... ..-
A notary public orotheroff1cercompleting t11iscertifirnte venfiesonly tlie iclent1ty of the 1nclivklunl who signed the document
to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
Stole of Collfornla }
County of .QGI/\ t)\~'----------
11 /t./ b.2.. before me, W1 l\\~M ~vi\, 0\ No~ Pv\,\1~
Date Here Insert Nome and Title of the Officer
On
pcrsonnlly nppemed ~±--~~----
Nomo(s) of Signor(s)
who proved to me on the basis of satisfactory evidence to be 1110 peIson(s) wl1ose n11m0(s) ls/are subscribed
to tho within instrument and acknowledged to me thnt he/she/they executed the same In hls/her/the11
authorized capaclty(les), nnd that by hisiller/thelr slgnature(s) on the Instrument tho person(s), or the entity
upon beh<1lf of which the person(s) acted. executed tl1c instrument.
•.••..• ·1
WILLIAM SUN
Notary Public • Californi:
San Oi~o County !
Commirnon , 2282161 ~
My Comm. Expires Mdr 21, 2023
Place Notary Seal and/or Stamp Above
I certify unde1 PENAL TY OF PERJURY under the
laws of the State of Callfo1 nln that the foregoing
pmF1gmpt1 Is hue nnd co1rect.
WITNESS my hand und offtclal seal.
Signature
Signotu:e of Notary Public
OPTIONAL
Completing this information cCJn deter oltewtion of the documont or
fwuclulent reattCJcilment of this form lo cm tmintcnclecl document.
Description of Attached Document
Title or Type of Document: ______________ _
Document Date:
Slgner(s) Other Th,lll Named Above:
Capaclty(les) Claimed by Slgner(s)
Signer's Name:
□ Co1porate Offlce1 -Tltle(s):
□ Portner -□ Limited □ GeneInl
□ Individual □ Attorney 111 Fact
□ Trustee □ Guardiiln or Conservator
□ Other:
Signer Is Rcp1csontlng: ________ _
{,2019 National Notary Association
Number of Pi1gos:
Signer's Nnme:
□ Corpo1ate Officer -Titlo(s):
□ PartneI -□ Limited □ Gener,11
□ lndlvlducil □ Attorney in Fact
□ Trustee □ Guardiiln or Conservator
D OtheI·
Signer is Rop1oscnting:
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Q:ICED\Admin\B&AIPROJECTSIPD 2021-0040-786 Palm Avenue_D.RIHOLD HARMLESS AGREEMENT DRAINAGE doc 01/25113
EXHIBIT A
LEGAL DESCRIPTION
The land referred to herein below is situated in the County of SAN DIEGO, State of CALIFORNIA, and is
described as follows:
THE NORTHEASTERLY 70 FEET OF LOTS 31 AND 32 IN BLOCK 44, OF THE TOWN OF CARLSBAD, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 535, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 22, 1888, THE SOUTHWESTERLY LINE OF THE
SAID 70 FEET HEREIN CONVEYED BEING PARALLEL WITH FOURTH STREET.
Assessor's Parcel Number: 204-171-10-00