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HomeMy WebLinkAboutCT 2019-0006; Roosevelt Nine LLC; 2023-0038912; 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# 2023-0038912 111111111111 ll11111111111111111111111 111111111111111 IIIII IIIII IIII IIII Feb 15, 2023 09:35 AM OFFICIAL RECORDS JORDAN Z. MARKS, SAN DIEGO COUNTY RECORDER FEES: $28.00 (SB2 Atkins $0 00) PAGES: 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 203-102-15-00 -----------PROJECT ID: CT 2019-0006 PROJECT NAME: 2690 Roosevelt HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (OWG 537-2A) and improvement plan (DWG 537-2) for development to occur on property more particularly described as (see attached, Exhibit "A"), I/We, Roosevelt Nine 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 accident, loss or damage happening or occurring during the construction work or improvements as specified in this agreement. 1 Q:\CED\Admln\B&A\PROJECTSICT 2019-0006; GR2022-0013-2690 RoosevemHOLD 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\Admln\B&AIPROJECTS\CT 2019-0006; GR2022-0013-2690 RoosevemHOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 Jr IN WITNESS WHEREOF, the undersigned has executed this instrument this 1.A day of 'DRZ.a:b:6 erz_ , 20 1-.-7...--. OWNER(S) Roosevelt · ia limited liability company APPROVED AS TO FORM: CINDIE MCMAHON City Attorney By: ~LP G+ By: Date: By: Date: Senior Assistant City Attorney City of Carlsbad Randolf Cherewick -Managing Member (Print Name and Title) (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.) 3 Q:ICED\Admin\B&AIPROJECTS\CT 2019-0006; GR2022-0013-2690 RoosevelrtHOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 CALIFORNIA ALL-PURPOSE 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 ~~ 'D~ €6u ) On 'CX=J'.ftIBR 2!, 101.. 'Z. before me, fu.<qoQ..'-{ ~o GELCH~'E.12--1.. ~O'ft&.t{fluf;uc.., Date Here Insert Name and Title of the Officer personally appeared _______ Q_~'\J~t)C_t.;~~--C\.l-~_CZ.E...l.6--"~~{(.,~_·'(_ _______ _ Name(¥:! of Signer(,IJ who proved to me on the basis of satisfactory evidence to be the person~ whose name~) isl:Ke'"" subscribed to the within instrument and acknowledged to me that he~ executed the same in hi~'r authorized capacit~. and that by his/~r signature(tiq on the instrument the persol1{81; or the entity upon behalf of which the person(~ acted, executed the instrument. ........ l GR[GORY HUGO GELDMACHER Notary Public • California : San Diego County ~ Commission # 2331755 y Comm. Expires Aug 17, 2024 Place Notary Seal Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ---------------oPTIONAL--------------- Though this section is 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: ___ 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 □ Attorney in Fact □ Individual □ Attorney in Fact □ Trustee □ Guardian or Conservator □ Trustee □ Guardian or Conservator □Other: ______________ _ □ Other: _____________ _ Signer Is Representing: _________ _ Signer Is Representing: ________ _ • ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1 -800-876-6827) Item #5907 PRELIMINARY REPORT YOUR REFERENCE: EXHIBIT "A" LEGAL DESCRIPTION Chicago Title Company ORDER NO.: 00170502-996-SD1-RT4 THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: THE SOUTHWESTERLY HALF OF LOT 40, EXCEPTING THEREFROM THE NORTHWESTERLY 10.60 FEET OF THE SOUTHWESTERLY 120.00 FEET THEREOF OF SEASIDE LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1722, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 28, 1921. APN: 203-102-15-00 Cl TA Preliminary Report Form -Modified (11/17/06) Page4