HomeMy WebLinkAboutPD 2022-0024; Veck Investment Properties LLC; 2023-0135733; 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# 2023-0135 733
111111111111111111111111111111111111111111111111111111111 1111111111111
May 24, 2023 11 :09 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.: _1.:....:5:...::6..:....-1--'4;::_2-...::.5..:....1-...::.00.:;__ ____ _
PROJECT ID: -'-PD:c......:::2..:..02::..:2;:_-..:....00;;.;;2;;__;4 _____ _ JSlo... PROJECT NAME: _2--7 __ 8--0_J--a_m_e_s_D_r_iv_e ____ _
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City's approval of a drainage plan (DWG 539-SA) and
improvement plan (DWG 539-SA) for development to occur on property more particularly
described as (see attached, Exhibit "A"), I/We, Veck Investment Properties, 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.
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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.
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IN WITNESS WHEREOF, the undersigned has executed this instrument this z,,!i day of
~&-,20.£)
APPROVED AS TO FORM:
CINDIE MCMAHON
City Attorney
By:
RON KEMP
OWNER(S)
Veck Investment Properties, LLC., a California limited
liability company
By:
Charles S. Speck -Managing Partner
(Print Name and Title)
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.)
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For APN/Parcel ID(s): 156-142-51-00
EXHIBIT "A"
Legal Description
LOT 5 OF CARLSBAD TRACT CT 98-16, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO. STATE OF
CALIFORNIA, ACCORDING TO MAP THEREOF NO. 14517, FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO, DECEMBER 17, 2002.
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 -4-=>~'---::Y.-~_-_I _____ _
On "ti ~ J,('V\ before me, ------'~---""'-n--~_,J_~----1'-' ~-----
Date / .J L. • eJ> ~ Here Insert Ndme and Title of the Officer ~ •J ~ $ r '-"'4, personally appeared _____________________________ _
Name(s) of Signer(s)
who proved to me on the basts 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.
I" c $S •, I certify under PENAL TY OF PERJURY under the
@ =~f 3881 laws of the State of California that the foregoing j MO~~ ~ paragraph Is true and correct.
I ... ==~2Clll5J WITNESS my hand an I seal.
.. b 1 S
Place Notary Seal and/or Stamp Above ture 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 DocumentJ, ....,. .Jl!.f.~ .-
Title or Type of Document: ---tff,_.._l)_..~:,e_....:~---~--~--"V"--" __ ....,. __ -----_ «. _____ _
DocumentDate: ____________________ Numberof Pages: ___ _
Slgner(s) Other Than Named Above: ______________________ _
CapacltY(les) Claimed by Slgner(s)
Signer's Name: ___________ _
□ Corporate Officer -Tttle(s): ______ _
Signer's Name: ___________ _
□ Corporate Officer -Title(s): ______ _
□ Partner -□ Limited o General o Partner -o Limited □ General
o tndtvtdual o Attorney In Fact o Individual o Attorney In Fact
o Trustee □ Guardian or Conservator o Trustee □ Guardian or Conservator
□ Other: D Other:
Signer Is Representing: ________ _ Signer ts Representing: ________ _
102019 National Notary Association
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