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Home My WebLink AboutAMEND 2019-0004; Palomar & Co; 2023-0248387; Hold Harmless Agreement/Release-f-tl RECORDING 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# 2023-0248387 11111111111111111111111111111111 lllll lllll lllll lllll 111111111111111111 Sep 13, 2023 10:53 AM OFFICIAL RECORDS JORDAN Z. MARKS, SAN DIEGO COUNTY RECORDER FEES: $0.00 (S82 Atkins: $0.00) PAGES: 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 210-170-08-00, 210-170-09-00, 210-170-23-00 PROJECT ID: AMEND2019-0004 j~ PROJECT NAME: _C.c._h_ic-'--k'-'-F-"il-'--A ______ _ HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 538-3A) and improvement plan (DWG 538-3) for development to occur on property more particularly described as (see attached, Exhibit "A"), I, William M. Grosse, Trustee ofThe Russell W. and Mary E. Grosse Family Trust, Managing General Partner of Palomar & Co., 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\Adm,n\B&A\PROJECTSIAMEND2019-0004: ROW2022-0401: GR2022-0026 • Chick-Fil-A N.FIHOLD 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 I II Ill Ill Ill Ill I II Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill 2 Q:\CED\Adm,n\B&AIPROJECTSIAMEND2019-0004: ROW2022-0401: GR2022-0026 • Chtek-F1I-A N.F\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25113 - IN WITNESS WHEREOF, the undersigned has executed this instrument this '3) ~~ay of AtM')f8t: , 20'1?; APPROVED AS TO FORM: CINDIE MCMAHON City Attorney RON K~P OWNER(S) Palomar & Co. ~~ By: -(Sign Here) William M. Grosse -Tru stee of The Russell W. and Mary E. Grosse Family Trust, Managing General Partner of Palomar & Co (Print Name and Title) Date: By: (Sign Here) (Print Name and Title) Date: By•tQQ,J C5 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\Adm1n\B&A\PROJECTSIAMEND2019-0004: ROW2022-0401: GR2022-0026 • Ch<:k-F1I-A N.F\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25113 - EXHIBIT A LEGAL DESCRIPTION Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: PARCEL A: PARCELS 1 AND 2 OF PARCEL MAP NO. 13955, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON SEPTEMBER 16, 1985. PARCEL B: NON-EXCLUSIVE EASEMENTS OVER THE COMMON AREA FOR INGRESS AND EGRESS, PASSAGE AND PARKING OF VEHICLES, PASSAGE AND ACCOMMODATION OF PEDESTRIANS AND INCIDENTAL PURPOSES AS REFERENCED WITHIN DOCUMENT ENTITLED "GRANT OF EASEMENTS AND DECLARATION OF COVENANTS AND RESTRICTIONS", DATED DECEMBER 28, 1984 AND RECORDED APRIL 25, 1985 AS INSTRUMENT NO. 1985-142950 OF OFFICIAL RECORDS. PARCEL C: NON EXCLUSIVE RECIPROCAL EASEMENTS FOR PARKING, INGRESS AND EGRESS, UTILITY LINES, PEDESTRIAN TRAFFIC AND INCIDENTAL PURPOSES AS REFERENCED IN DOCUMENT ENTITLED "AGREEMENT IN RE: GRANT OF RECIPROCAL EASEMENTS AND DECLARATION OF COVENANTS AND RESTRICTIONS DATED NOVEMBER 12, 1992 AND RECORDED DECEMBER 4, 1992 AS INSTRUMENT NO. 1992-0781617 OF OFFICIAL RECORDS. PARCEL D: PARCEL D OF PARCEL MAP 16972, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF FILED IN THE OFFICE OF THE COUNTY RECORD OF SAN DIEGO COUNTY ON OCTOBER 7, 1992 AS FILE NO. 92-639420 OF OFFICIAL RECORDS. APN: 210-170-08-00 (Affects Parcel 1 of Parcel A), APN 210-170-09-00 (Affects Parcel 2 of Parcel A) and 210-170-23-00 (Affects Parcel D) CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 ---8 ~ ••••• --A notary public or other officer completing this certificate venflcs only the ldent~y of the 1nd1vldual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California -<""j") } County of 'bllvt (1/ ·; ~ 0 On A-%tA.s!::t,('t°'.'.W23 bcforeme. ~ L Ne,(501 1 N.ehtl'f]®lic. Dore l re Insert Name and Title of rhe Officer personally appeared W1 MlUU. JJ • Mfc,SS{.. Nome(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the pcrson(s) whose namc(s) is/arc subscribed to the within Instrument and acknowledged to me that he/she/they executed the same In his/her/their authorized capaclty(ics). and that by his/her/their s1gnature(s) on the Instrument the person(s). or the entity upon behalf of which the person(s) acted. executed the Instrument. £~ MEGAN L. NELSON 'f ~\ Notary Public • Califorrila f San DiftO County I Commission I 2353517 - eonoeoooo My ~omm. Expires Apr 28, 2025 Place Notary Seal and/or Stomp 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. Signature OPTIONAL if£/,~~ 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: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capaclty(les) Claimed by Slgner(s) Signer's Name: __ _ Signer's Name: □ Corporate Officer -Tille(s): o Corporate Officer -Title(s): □ Partner -□ Limited □ General □ Partner -□ Limited □ General □ lndlvldual □ Attorney In Fact □ Individual o Attorney In Fact o Trustee □ Guardian or Conservator □ Trustee o Guardi1m or Conservator □ Other: ______________ _ □ Other: Signer Is Representing: Signer Is Representing: ~2019 National Notary Association 4 Q:\CED\Adm1n\B&A\PROJECTSIAMEND2019-0004: ROW2022-0401: GR2022-0026 -Ch,ck-F,I-A N.F\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01125/13 -