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HomeMy WebLinkAboutMS 2018-0012; Cherry KMA LLC; 2023-0026012; Hold Harmless Agreement/ReleaseRECORDING 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# 2023-0026012 I llllll 111111111111111 1111111111 lllll 111111111111111 ll1111111111111111 Feb 01, 2023 09:45 AM OFFICIAL RECORDS JORDAN Z. MARKS, SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins: $0.00) PAGES: 6 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 204-231-07-00 -----------PROJECT ID: MS 2018-0012 ~½~ PROJECT NAME: Three on Cherry HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 530-4A) and improvement plan (DWG 530-4A) for development to occur on property more particularly described as (see attached, Exhibit "A"), I/We, Cherry KMA, 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 acci dent, loss or damage happening or occurring during the construction work or improvements as specified in this agreement. 1 Q:\CED\Admin\B&A\PROJECTS\MS 2018-0012; GR2021-0011· Three on Cherry_E.EIHOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25113 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 I II Ill Ill 2 Q:\CED\Admin\B&AIPROJECTS\MS 2018-0012; GR2021-0011-Three on Cherry_E.E\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25113 IN WITNESS WHEREOF, the undersigned has executed this instrument this Decc mb e y-, 20 ~-l --~--- J."\ day of OWNER(S) LC., a California limited li ability company APPROVED AS TO FORM: CINDIE MCMAHON City Attorney By mJ ~ 'RON KEMP Senior Ass~ Attorney City of Carlsbad By: Date: n re r- ~e-z:z.et.cc.. f>'P"'- David M. Mezael!lppa -Member (Print Name and Title) ,z ~2,-7 ---2.2- By: ---~--1~~----'--~--(S...::,ig-==n-H-e-re_) _______ _ Date: Jeffery T. White -Member (Print Nar and Title) I \.. I ~, "o,l).... (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.) NOTARY CERTIFICATE A'ITACHED 3 Q:\CEO\Admln\B&AIPROJECTSIMS 2018-0012: GR2021-0011-Three on Cherry_E.E\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01125113 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 e:o:oom D W fl1l00808.(] D D O O IJll D D D IJ.lJ D D E Eh8:8(18Q8QJ D 13 a II IOOOOI-Jlll0088:08800:c Ei08088 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 \J e MV \""Z'\ } On _ _,l=?,,._-_.d-<....:.0\---'---_,,'.¢-'-'0>LI?-"--'~"'-----before me, /:\\-e· t11n d l--z1\ &Y6\VO Dote Here Insert Nome and Title of th personally appeared _______ _,,J._~""--'-f_,_~_,r....,,~«--r--1...:....:.. __ \N.:......,..h'--'-·"-',-\--e:......c... __________ _ tlame(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. •••••••• M.EJAIIORA BRAVO f llotary Public • California ~ntura County I Commission# 2390721 - y Comm. Expirfl Jan 13, 2026 Place Notary Seal and/or Stomp 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 -~ .... )~J...,..~_------~""""'--------- lSl. /ig~ 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: \:\t>l<l !hrr0lts~ Ag~ Drn\ n ~j:C Document Date: _______________________ Number of Pages: __ 3=---- Signer(s) Other Than Named Above: _______________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ____________ _ □ Corporate Officer -Title(s): _______ _ □ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General □ Partner -□ Limited □ General □ Individual D Attorney in Fact D Individual □ Attorney in Fact □ Trustee □ Guardian or Conservator □ Trustee □ Guardian or Conservator □ Other: D Other: Signer is Representing: _________ _ Signer is Representing: _________ _ ooo:o:o:80'61080880808ft 13 a 038080@:0:880008000 0 J D-80IIOHOIIOIJM E D E D Bloo«JOO:tll 11188:80800~10000:():@880 ©2019 National Notary Association CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT 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 San Diego ----~--------- On December 27th, 2022 before me, Christine M. Copeland, Notary Public (Here insert name and title of the officer) personally appeared David M. Mezzacappa who proved to me on the basis of sati sfactory evidence to be the person{,1 whose name~ isl,i.e subscribed to the within instrument and acknowledged to me that he/¢e/t,Key executed the same in his/h,e'rltJ;e'ir authorized capacity(i(s), and that by his/l}tr/d}6ir signature~ on the instrument the person~5, or the entity upon behalf of which the personc,f' acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ~_,,u/~ Signature of Notary Public (Notary Seal) ········~ CHRISTINE M. COPELAND Notary Public -California z San Diego County ! Commission :/ 2347016 y Comm. Expires Feb 15, 2025 ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE A TI ACHED DOCUMENT Hold Hannless Agreement Drainage (Title or description of attached document) Parcel No: 204-231-07-00 (Title or description of attached document continued) Number of Pages _4 __ Document Date 12/27/2022 {Additional information) CAPACITY CLAIMED BY THE SIGNER Iii Individual (s) D Corporate Officer (Title) D Partner( s) D Attorney-in-Fact D Trustee(s) D Other ____________ _ 2008 Version CAPA v 12.10.07 800-873-9865 www.NotaryClasses.com INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and al/ached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does nor require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this/om, if required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. Re/she/Hiey;-is /e£e) or circling the correct forms. Failure to correctly indicate this infonnation may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. ❖ Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. ❖ Indicate title or type of attached document, number of pages and date. ❖ Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document File No: 321317889 EXHIBIT "A" THE LAND REFERRED TO HEREIN IS SITUATED IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: LOT "G" IN BLOCK 1 OF PALISADES HEIGHTS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1777, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 11, 1924. ASSESSOR'S PARCEL NUMBER: 204-231-07-00 CLTA Preliminary Report Form -Modified (11-17-06) Page 3