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HomeMy WebLinkAboutCDP 2020-0018; Forester, John G. and Julie A.; 2023-0063236; 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# 2023-0063236 11111111111111111111111111111111 IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII Mar 13, 2023 09:45 AM OFFICIAL RECORDS JORDAN Z. MARKS, 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.: 206-192-08-00 -=.::..=.....:..:::.::~=--=--=--------PROJECT ID: COP 2020-0018 PROJECT NAME: Forester Residence HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 533-BA) and improvement plan (DWG 533-BA) for development to occur on property more particularly described as (see attached, Exhibit "A"), I/We, John G. Forester, Trustee of the JGF Trust, dated October 22, 2021, and Julie A. Forester and Alyssa R. Ratajczak, Trustees of the JAF Trust, dated October 22, 2021 , 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 th e 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 1 Q:ICED\Admin\B&A\PROJECTSICDP 2020-0018; GR2021-0037 -Forester Residence N.F\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 - 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 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\Admin\B&AIPROJECTSICDP 2020-0018; GR2021-0037 -Forester Residence_N.F\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01125/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this / b f1.., day of Fcf/-, ti /=7 , 20 2.. 3 . APPROVED AS TO FORM: CINDIE MCMAHON City Attorney OWNER(S) John G. Forester, Trustee of the JGF Trust, dated October 22, 2021, and Julie A. Forester and Alyssa R. Ratajczak, Trustees of the JAF Trust, dated October 22, 2021 By Q/42~ John Forester -Trustee (Print Name and Title) Date: By: Forester -Trustee (Print Name and Title) Date: -z -to ~zoz ~ By: Alyssa Ratajczak -Trustee (Print Name and Title) Date: 2/10/ioi ?i By: ~™per Senior AssistantQ y:orney 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&AIPROJECTSICDP 2020-0018; GR2021-0037 -Forester Residence_N.FIHOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25113 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. State of California ..,, County of s+rJ~v-tt., } On -'~;,-~-~~1~~1+-'1A--'~J.___ before me. -------=-~---"_A-f_s--+-"'-.~-~-HJ _ _.__f"A__,_~_1"-C.--'_~ Date\ Here Insert Name aJd Title of the Officer personally appeared _____ p'-'-f>'-(-f-._.'-_'-1-_~_tv-____ ..J_,_"_"'_t.-__ f-~ ___ ~ __ ----'""'--'------ Name(s) of Signer(s) 11-tt.k " ~t,..- 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. *@• __ :, • 9 DAREN VASS I -:-• •. COMM. #2423861 9i! . ,,; NOTARY P\JBUC-CAUFORNIA ~ I SAN DIEGO COUNTY .. •.• Mr Ccmm. Eiq,ies Novembe, 2,. 202& 1 Place Notary Seal ond/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 offlclal seal. Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document -<;; Tltle or Type of Document: __ )f,'-~-~_n_~~-&,e--~r-~ _____ V._~-~~------ DocumentDate: ___________________ Number of Pages: ___ _ Slgner(s) Other Than Named Above: ______________________ _ Capacity(les) Claimed by Signer(s) Signer's Name: ___________ _ Signer's Name: ___________ _ □ Corporate Officer -Title(s): ______ _ □ Corporate Officer -Tltle(s): ______ _ D Partner -□ Limited o General o Partner -o Limited o General D Individual o Attorney In Fact D lndlvldual D Attorney In Fact o Trustee o Guardian or Conservator □ Trustee o Guardian or Conservator D Other: D Other: _____________ _ Signer Is Representing: ________ _ Signer Is Representing: ________ _ ©2019 National Notary Association 10 H./Oevelopment Serv,ces/Masters/Bonds & Agreements/Development Improvement Agreement REV. 01/25113 • EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: LOT 13 IN BLOCK "E" OF BELLA VISTA IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2152, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO, MARCH 7, 1929. --- APN: 206-192-08-00