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Home My WebLink AboutCT 2018-0002; Aviara East Housing LP; 2023-0025057; Hold Harmless Agreement/Releasef- 1 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# 2023-0025057 11111/I IIIII lllll lllll llll llllll ll/11111111111111111 IIIII IIIII IIII IIII Jan 31, 2023 11 :24 AM OFFICIAL RECORDS SAN Dl~~RDAN Z. MARKS, FEES· $0 g COUNTY RECORDER · · (S82 Atkins: $0.00) PAGES: 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 212-040-56-00 __ ;;_.;_;.___;_; _______ _ PROJECT ID: CT 2018-0002 PROJECT NAME: Aviara Apartments East HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 535-1 C) for development to occur on property more particularly described as (see attached, Exhibit "A"), I/We, Aviara East Housing LP., a California limited partnership, 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 O:\CED\Admin\B&AIPROJECTSICT 2018-0002; GR2022-0045-Aviara East Shoring Plans_T.C; A.Mcl\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01125113 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 /II Ill Ill Ill Ill Ill 2 Q:\CED\Admin\B&A\PROJECTS\CT 2018-0002; GR2022-0045-Aviara East Shoring P1ans_T.C; A.McLIHOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25113 IN WITN~ WHEREOF, the undersigned has executed this instrument this ,3ttl day of < )tuUAQ~ , 201.~ . APPROVED AS TO FORM: CINDIE MCMAHON City Attorney OWNER(S) AVIARA EAST HOUSING LP, a California limited partnership By: Aviara East GP LLC, a California limited liability company, its managing general partner By: BRIDGE Housing Corporation, a California nonprofit public benefit corporation, its sole member and manager By: ----r-1+,!~~) ->,,-,,.,<--I A_........___~~-41/l ZS19nHere) Sierra Atilano, Executive Vice President (Print Name and Title) Date: By: ----------------------(Sign Here) (Print Name and Title) Date: By: W P~ Senior Assistant City Attorney City of Carlsbad (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\Admin\B&AIPROJECTS\CT 2018-0002; GR2022-0045-Aviara East Shoring Plans_T.C; A.Mcl\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01125113 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. County of _ _J._;_116~...!!!,~~6'!~!:::::--- 0n • Date personally appeared __ _l_~~~~,,,:::::-~~~~~~~------------_'::,!_ __ 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. ~-···········~ MICHELL£ HORpj : a~ ~otary ?ubllc • C..llfornia : ; : Los Ancet•s County s; i Commission, 239TT93 f u · ~ a ~l ~:"i Ex~:1 :r .:c,;o!! Place Notary Seal and/or Stamp Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph Is true and correct. WITNESS my hand and official seal. 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 Document Title or Type of Document: __________________________ _ Document Date: _____________________ Number of Pages: ___ _ Slgner(s) Other Than Named Above: ______________________ _ Capaclty(les) Claimed by Signer(s) Signer's Name: ___________ _ Signer's Name: ___________ _ □ Corporate Officer -Tltle(s): ______ _ □ Corporate Officer -Tltle(s): ______ _ □ Partner -□ Limited □ General □ Partner -□ Limited □ General □ Individual □ Attorney In Fact □ Individual □ Attorney In Fact □ Trustee □ Guardian or Conservator □ Trustee □ Guardian or Conservator □ Other: ______________ _ □ Other: Signer Is Representing: _________ _ Signer Is Representing: ________ _ <02019 National Notary Association 4 Q;ICED\Admin\B&A\PROJECTSICT 2018.()()02; GR2022-0045-Aviara East Shoring P1ans_T.C; A.Mcl\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 LEGAL DESCRIPTION That certain real property situated in the City of Carlsbad, County of San Diego, State of California, described as fol lows: Lot 4, as shown on the Map No 16521 entitled "City of Carlsbad Tract No. 2018-0002," filed August 9, 2022, in the Office of the County Recorder of San Diego County as File No. 2022-7000374.