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Home My WebLink AboutNCP 2022-0002; Francisco, D. Fellipe and De Freitas, C. Patiane; 2023-0182649; 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# 2023-0182649 111111111111 11111111111111 1111111111111111 111111111111111 IIIII IIII IIII Jul 13, 2023 10:13 AM OFFICIAL RECORDS JORDAN Z. MARKS, SAN DIEGO COUNlY RECORDER FEES: $0.00 (SB2 Atkins: $0.00) PAGES: 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: ....;2;;;.;;0..;;.6....;-1..;;.9;;;;..2-..;;.0.;...1-..;..00.;.._ ____ _ PROJECT ID: NCP 2022-0002 PROJECT NAME: De Freitas Residence HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 540-SA) for development to occur on property more particularly described as (see attached, Exhibit "A"), I/We, Fellipe D. Francisco and Patiane C. De Freitas trustees of The De Freitas Francisco Family Trust dated March 11, 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 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&AIPROJECTSINCP 2022-0002; GR2022-0048 -De Freitas Resldence_N.F\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25113 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 /II Ill Ill Ill /II Ill Ill Ill /II Ill /II /II Ill 2 Q:ICED\Admin\B&AIPROJECTS\NCP 2022-0002; GR2022-0048 • De Freitas Residence N.FIHOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 - ljWly{kESS WHEREOF, the undersigned has executed this instrument this .l!'J day of V I 202.3 OWNER(S) APPROVED AS TO FORM: CINDIE MCMAHON City Attorney By mL~ RONKEMP Senior Assistant City Attorney City of Carlsbad Fellipe D. Francisco and Patiane C. De Freitas trustees of The De Freitas Francisco Family Trust dated March 11 , 2021 By: ~ Fellipe D. Francisco -Trustee (Print Name and Title) Date: (p ( 2tf /23 By:~/7~ / (Sign Here) Patiane C. De Freitas -Trustee (Print Name and Title) Date: ~f z q /27 (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\Admln\B&AIPROJECTSINCP 2022-0002; GR2022-0048-De Freitas Residence_N.FIHOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 EXHIBIT'A' Lot 20 in Block E of Bellavista, 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 County, March 7, 1929. APN: 206-192-01-00 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. who proved to me on the basis of satisfactory evidence to be~rso'l!l!whose name~ ls/~.A5crlbed to the within Instrument and acknowle~ ~e that'ffl!'llsh~ executed the same l~r~ authorized capacl~). and that by ~ slgnatur~ on the Instrument the person~ or the entity upon behalf of which the perso!Jll:) acted, executed the Instrument. •••••••••••• f ,~_.0: > ANTHONY vmURELLI ~ • """ Notary Public -California 2 . ;; San Diego County ~ " Commission II 2327149 - ,. My Comm. ~pires May 2, 2024 Place Notary Seal 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. OPTIONAL -----/------------, Completing this Information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Descrlptlon of Attached Document TIiie or Type of Document __________________________ _ DocumentDate: ____________________ Numberof Pages: ___ _ Slgner(s) Other Than Named Above: _____________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ___________ _ Signer's Name: ___________ _ □ Corporate Officer -Tltle{s): ______ _ o Corporate Officer -Tltle(s): ______ _ □ Partner -□ Limited □ General o Partner -□ Limited □ General □ Individual o Attorney In Fact o Individual □ Attorney In Fact □ Trustee o Guardian or Conservator □ Trustee □ Guardian or Conservator □ Other: □ Other: Signer Is Representing: ________ _ Signer Is Representing: ________ _ e 2019 National Notary Association 4 Q:ICED\Admin\B&AIPROJECTS\NCP 2022-0002; GR2022-0048 -De Freitas Resldence_N.F\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13