Loading...
HomeMy WebLinkAboutCT 01-09; Property Development Centers LLC; 2012-0596053; Hold Harmless Agreement/ReleasePS MP 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 DOCtt 2012-059G053 IHIIIIIIIIIIIIIIIIIIIilllllllllllllillllilll OCT 01, 2012 1:46 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 0.00 PAGES: 4 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO. PROJECT ID PROJECT NAME 223-051-02 CT 01-09 La Costa Town Square Commercial RELATED PROJECT ID: HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan(s) (DWG 409-4C) for development to occur on property more particularly described as (see attached, Exhibit "A), lA/Ve, Property Development Centers LLC, the owners 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. Q:\CED\LandDev\PROJECTS\CT\CT 01\CT 01-09 MAG Properties - LaCosta Town Square-Commercial-Wickham\B and A\HOLD HARMLESS AGREEMENT DRAINAGE{DWG 409-4 AND DWG 4094C).dOC 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. IN WITNESS WHEREOF, the undersigned has executed this instrument this day of Atlj|U5T 20 OWNER(S) Property Development CentersA^<v ^ ^ ^^miTcJl (Sign Here) Jim Reuter, Vice President (Print Name and Title) Here) Date: (Print Name and Title) APPROVED AS TO FORM: RONALD R. BALL City Attorney By: Assistant City Attorney (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.) Q:\CED\LandDev\PROJECTS\CT\CT 01\CT 01-09 MAG Properties\B and A\HOLD HARMLESS AGREEMENT DRAINAGE(DWG 409-4 AND DWG 4094C).doc EXHIBIT "A" Being a subdivision of Parcel 2 of Carlsbad Minor Subdivision No. 04-08, in the City of Carlsbad, County of San Diego, State of California, according to Parcel Map No. 20982 filed in the office of the County Recorder of San Diego County on July 11, 2012 as File No. 2012-0402964. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CAtiroitNiA ALL-PURPOSE ACKMOWLEOaMlfit State of Califbmia County of Alameda } On August 10,2012 Data before me, Barbara J. Winter, Notary Public Hera tneartMsrm find Title of thsOffiw personally appeared James Reuter and David Zylstra Narne(s] of 8lgner(ft> BARBARA J. WINTER t COMM. #1842566 z Notary Public - California 2 Contra Costa County My Comni, Expires Mar. 29^2013 [ Who proved to me on the basis df satisfactory evidence to be the person(s) whose nanie(s) Wkre subscribed to the within instrument and acknowledged to me that he^he/they executed the same In his/her/their authorized <Bpacity(ii$s), and that by his/her/iheir signatufe(s) on the instrument the persQri(s), or the entity upon behalf of which the person(s) acted, executed the inslmment 1 certify under PENALTY OF PERJURY under the laws of th© State of California that the foregoing paragraph is true 8(nd corrdct. WITNESS rny hand and official seal. Place Notary Saal Above Signaturi OPTIONAL m my nana and off Though the infomjaUon below is not requirsid by law. It may prove valuaUis to persons re^g on the documqf and cpuld prevent fyaudulent removal and reattachment of this form to a/io/ftar document. De^ption of Attachecl Oocument Title or T#»^f Document: DoGurnent Qate ©Z007Nallonal Noteiy Assodalion • 9260 De Soto RO;Bqx 2402 .Oialswbrth. OA 0t313-24^<nwM^^ Q:\CED\LandDev\PROJECTS\CT\CT 08\CT 08-03 La Costa Tovwisquare - Wlckham\B & A\FAITHFUL PERFORMANCE WARRANTY BOND (DWG 475-2 Residential) doc REV. 02^4/97