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HomeMy WebLinkAboutCT 2017-0008; Harding Palm LLC; 2024-0037716; Hold Harmless Agreement/ReleaseRECORDING IS REQUESTED FOR THE BENEFIT OF THE CITY OFCARLSBAD WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Car1sbad Vlllage Dr. Car1sbad,CA 92008 DOC# 2024-0037716 I llllll lllll lllll 11111111111111111111 1111111111 IIIII IIIII IIIII IIII IIII Feb 14, 2024 10:18 AM OFFICIAL RECORDS JORDAN Z. MARKS, SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atklna: $0.00) PAGES: 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: _;2:;;:;;04-...;....:;;2..;.;10;...;-0::.:3-0;...;;.;;0 ____ _ PROJECT ID: CT 2017-0008 (J t..,b.. PROJECT NAME: Harding and Palm Townhouse HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 527-2A) and improvement plan (DWG 527-2A) for development to occur on property more particularly described as (see attached, Exhibit •A"), 1/We, Harding Palm LLC., a Califomia limited liability corporation, the owner(s) of said property, promise to indemnify and to hold the City of Carlsbad, lts 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 assumptlon 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 llable or responsible for any accident, loss or damage happening or occurring during the construction work or improvements as specified in this agreement. 1 Q:\CEO\Admln\lMA\PROJECTS\CT 2017-000&-Harding and Pam Townhouee Projed\HOU) HARMLESS AGREEMENT ORAINAGE.doc 01125113 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. III III III III III III III III III III III III III III III III III III III III III 2 Q:ICED\Admln\B&A\PROJECTS\CT 2017-0006-~ end Palm T-Projec(IHOlO HARMLESS AGREEMENT DRAINAGE.doc 01/25113 IN WITNESS WHEREOF, the undersigned has executed this instrument this \"{'~ day of ~e,øt,/ ,20 ~~ . OWNER(S) Harding Palm LLC., a Callfomia limlted liability corporation By: ~~ -7-~---S-ignH-ere-) --- Date: Date: APPROVED AS TO FORM: CINDIE MCMAHON -:~~ enio Assistant City Attomey City of Cartsbad Charles Speck-Managing Partner (Print Name and Trtle) /'2-Ær;/2 3 (Proper notarial acknowledgment of execution by owner(s) must be attached) (Chainnan, 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&A\PROJECTS\CT 2017-0008-~ and Palm Townhoule PIOjoctlHOI..D HARMLESS AGREEMENT DRAINAGE.doc 01/:W13 EXHIBIT "A" LEGAL DESCRIPTION Real property in the City of carlsbad, County of San Diego, State of california, described as follows: PARCEL 1: LOT 11 IN BLOCK "A" OF RESUBDIVISION OF PORTION OF ALLES AVOCADO ACRES, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CAUFORNIA, ACCORDING TO MAP THEREOF NO. 2027, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 17, 1927. PARCEL 2: AN EASEMENT FOR PURPOSES OF ENCROACHMENT FOR AN EXISTING GARAGE OVER, ALONG AND ACROSS THE NORTHWESTERLY 2.00 FEET OF LOT 2 OF BRENTWOOD VILLAGE, IN THE CITY OF CARLSBAD, ACCORDING TO MAP THEREOF NO. 4369, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 19, 1959. APN: 204-210-03-00 First American Titte .. CALIFORNIA ACKNOWLEOGMENT CIVIL CODE § 1189 A notary public or othcrofficer completing !his certificate verifies only the identity of the individualwho sig ned the document to which !his certificate is attachcd, and not thc truthfulncss, accuracy, or valldity of thai document. State of Callfornla County of Qrlt?\404'.-. On l 1 ~"""~-z...q7,,J } before me, \> ~ ~ ~ 1":,tlrjhc&u ~ , Date personally appearcd d~ j f ;~me and Title of the Officer Name(s) of Signer(s} who proved to me on the basis of satlsfactory evldence to be the person(s) whose name(s) ls/are subscrlbed to the withln Instrument and acknowledged to me that he/she/they executed the same In hls/her/thelr authorlzed capaclty(ies), and that by hls/her/thelr slgnature(s) an the Instrument the person(s), or the entlty upon behalf of whlch the person(s) acted, executed the Instrument. '@ OAAEN VASS l -00',W. tz-423881 iJi • NOTNff ~ - M,N 0IEOO COUN'1Y I llr c-. ~ ..,,_.. 21. ml ; au Place Notary Seo/ ond/or Stamp Abovc I certlfy under PENAL TY OF PERJURY under the laws of the State of Callfornla that the foregolng paragraph Is true and correct OPTIONAL Completing this Information con deter alteration of the document or froudulent reottachment of this form to an unintended document Oescrlptlon of Attached Oocument TIiie or Type af Document: DocumentDate: ____________________ Numberof Pages: ___ _ Slgner(s) Other Than Named Above: ___ _ Capaclty(les) Clalmed by Slgner(s) Slgner's Name: _______ _ Slgner's Name: ___________ _ □ Corporate Officer -Tltle(s): □ Corporate Officer -Tltle(s): ______ _ □ Partner -□ Llmlted □ General □ Partner -□ Llmlted □ General □ lndlvldual □ Attorney In Faet □ lndlvldual □ Attorney In Faet □ Trustee □ Guardian or Conservator □ Trustee □ Guardian or Conservator □ Other: □ Other: Signer Is Representlng: Signer Is Representlng: ________ _ 0 2019 National Notary Association 4 Q:\CEO\Admtn\B&AIPROJECTS\CT 2011--0008-HaRlflll and Palm T-ProjodlHOl.O HARMLESS AGREEMENT DIWNAGE.doc 01125/13