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Home My WebLink AboutCT 2021-0005; 330 Chinquapin LLC; 2023-0112574; 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# 2023-0112574 11111111111111111111111111111111 lllll 111111111111111111111111111111111 May 01, 2023 09:18 AM OFFICIAL RECORDS JORDAN Z. MARKS, SAN DIEGO COUNlY RECORDER FEES: $0.00 (S82 Atkins: $0.00) PAGES: 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 206-020-11-00 -----------PROJECT ID: CT 2021-0005 :f)~ PROJECT NAME: Chinguapin Coastal Homes HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 538-7A/CT 2021-0005) and improvement plan (DWG 538-7) for development to occur on the property more particularly described as (see attached, Exhibit "A"), I/We, 330 Chinquapin 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:ICED\Admin\B&AIPROJECTSICT 2021-0005; ROW2022-0442: GR2022-0029 -Chinquapin Coastal Homes_A.McLIHOLD 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\Admin\B&AIPROJECTSICT 2021--0005; ROW'2022-0442; GR2022-0029 -Chinquapin Coastal Homes_A.McLIHOLD HARMLESS AGREEMENT DRAINAGE.doc 01125/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this~ day of J'\llrk,rl: I 20~. APPROVED AS TO FORM: CINDIE MCMAHON City Attorney OOA l/-1~ By: _R.....,O_=..,N..._K=E-M-P'-----''i-\-- OWNER($) 330 Chinquapin LLC., a California limited liability company, As Owner By: 330 Chinquapin Manager LLC., a California limited liability company, As Manager By: Rincon Capital Group LLC., a California limited liability company, Its Sole Member By ~ f'I_ ___ __.<"'::"---~--.-,-(S-ig_n_H_e_r_e_) -------- Kevin Dunn -Managing Member Date: By: ----------------------(Sign Here) (Print Name and Title) Date: 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&AIPROJECTSICT 2021-0005; ROW2022-0442; GR2022-0029 • Chinquapin Coastal Homes_A.Mcl\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 EXHIBIT A IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: NORTHEASTERLY HALF OF LOT 3 IN BLOCK "S" OF PALISADES NO. 2, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1803, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY AUGUST 25, 1924, THE SOUTHWESTERLY BOUNDARY LINE THEREOF BEING PARALLEL WITH AND DISTANT 70.00 FEET SOUTHWESTERLY FROM NORTHEASTERLY BOUNDARY LINE OF SAID LOT. 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_·_O..._V\~~b_i_1t.,..,_=o ____ _ on )\ Mo...n .. "'-2.0 l..3 before me, po-."'°d~\-i--o..-..!'jO ~°'r"~:t, Notl)..r1 f "'o\\'- Date V O • L D ere Insert Name and Tltfe of th/ Officer personally appeared _r-,.._~_V_ • .:...I "\ __ _:_\_O...._~_f_~.:...t_"'-_---='---V\.--=-Y\'--'--"'-'---=-------------- Name(s) of Signer(s) 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. PATRICK TAMAYO HARVEY COMM. #2401618 z Notary Public • California ~ San Diego County - Comm. Ex ires Apr. 21, 2026 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. Place Notary Seal and/or Stamp Above Signature 1 ~ ~~ Signatur~ 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: _________________________ _ DocumentDate: ____________________ Numberof Pages: ___ _ Slgner(s) Other Than Named Above: ______________________ _ Capacity(ies) Claimed by Slgner(s} Signer's Name: ___________ _ Signer's Name: ___________ _ □ Corporate Officer -Tltle(s): ______ _ □ Corporate Officer -Tltle(s): ______ _ □ Partner -□ limited □ General □ Partner -□ limited □ General D Individual D Attorney In Fact D Individual D Attorney In Fact □ Trustee □ Guardian or Conservator □ Trustee □ Guardian or Conservator D Other: D Other: Signer Is Representing: ________ _ Signer Is Representing: ________ _ <02019 National Notary Association 4 Q:\CED\Admin\B&A\PROJECTS\CT 2021.()()()5; RO\/1/2022-0442; GR2022--0029 . Chinquapin Coastal Homes_A.McL\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13