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Home My WebLink AboutCT 2017-0003; Woodside 05S LP a California limited partnership; 2023-0049754; 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# 2023-0049754 111111111111 lllll 111111111111111 lllll lllll lllll 11111111111111111111111 Feb 27, 2023 02:10 PM OFFICIAL RECORDS JORDAN Z. MARKS, SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins: $0.00) PAGES: 4 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: --'2~2~3_;-0:....:5c...:.0....:-7....::.3-=-0:....:0 _____ _ PROJECT ID: CT 2017-0003 PROJECT NAME: La Costa Town Square Parcel 3 Residential HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 536-1 A) for development to occur on property more particularly described as (see attached, Exhibit "A"), I/We, Woodside ass, 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 Q:\CED\Admin\B&AIPROJECTSICT 2017-0003; GR2022-0001 -La Costa Town Square Parcel 3\HOLD 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. Ill Ill Ill Ill Ill Ill Ill I II Ill Ill I II Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill 2 Q:\CED\Admin\B&AIPROJECTSICT 2017-0003; GR2022-0001 -La Costa Town Square Parcel 3\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this rlJ?r\J.IU1.j . 20 ~3 . gih day of OWNER(S) Woodside 05S, LP., a California limited partnership By: Zb.£~ by (Sign Here) APPROVED AS TO FORM: CINDIE MCMAHON City Attorney By ~UMP~ Date: By: Date: Senior Assistant City Attorney City of Carlsbad Chris Chambers -General Partner (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&A\PROJECTSICT 2017-0003; GR2022-0001 -La Costa Town Square Parcel 3\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 &JIJOI A notary public or other officer completing this certificate verifies only the Identity of the indivld ual who signed the document to which this certnicate is attached. and not the truthfulness. accuracy, or validity of that document. State of Call~la } County of t\l W;zl do p On R-1J B ,J42-? before me, QeJ1I Sc: Jd\J't:_ )\)~l-JD/. L(I__ Date () ~" ~ (\_ ':!_e:e {~e~Name and Title of the Officer personally appeared U \( \,'5 U. )()___Y~ Y'S Name(s) of Slgner(s) who proved to me on the basis of satisfactory ev1dence to be the person(s) whose name(s) ls/a,l(subscrlbed 0 to the within Instrument and acknowledged to me that he/~!t_!)d'y executed the same In hls/_l)er~l)c{ir authorized capaclty(les). and that by hlsl!JCr1th/r slgnature(s) on the Instrument the person(s). or the entity upon behalf of which the person(s) acted, executed the Instrument. ~············~ , • ., , DE~ISE JOV: : .. ; ..... ·. ;. Notary Pub,ic -California : j . . ;: Riversice County !: ~ .. · • Commission:; 2367232 ·•,. .,. My Comm. Expires Jul 22, 2025 Place Notary Seo/ 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. OPTIONAL Completing this Information can deter alteration of t/Je document or fraudulent reattachment of this form to an unintended document Description of Attached Document Title or Type of Document: _________________________ _ DocumentDate: ____________________ Numberof Pages: ___ _ Slgner(s} Other Than Named Above: ______________________ _ Capaclty(les) Claimed by Slgner(s) Signer's Name: ___________ _ Signer's Name: ___________ _ o Corporate Officer -Tltle(s}: ______ _ o Corporate Officer -Tltle(s): ______ _ o Partner -o Limited o General o Partner -□ Limited □ General o Individual o Attorney In Fact o Individual □ Attorney In Fact o Trustee o Guardian or Conservator □ Trustee □ Guardian or Conservator o Other: □ Other: Signer Is Representing: ________ _ Signer Is Representing: ________ _ 0 2019 National Notary Association 4 Q:\CED\Admin\B&AIPROJECTSICT 2017-0003; GR2022-0001 • La Costa Town Square Parcel 3\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13