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HomeMy WebLinkAboutCUP 05-28; City of Carlsbad; 2007-0479011; Hold Harmless Agreement/ReleaseJ29.9* 2007-047901 RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 \-? JUL17.2007 4:59 PM .-,,,- r. OFFICIAL RECORDS HSGr^'r^ftL^^O^ER'S OFFICE^.jR.j.oMim, COUNTY RECORDER FA3ES 3 2007-0479011 SPACE ABOVE THIS LINt i-ui\ m_v,«., ASSESSOR'S PARCEL NO.: 213-120-03 PROJECT NO. & NAME: CUP 05-28 Bressi Ranch Self-Storage Facility HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 444-9A) for development to occur on property described as Lot 14 of Carlsbad Tract CT 02-15 Bressi Ranch, in the City of Carlsbad, County of San Diego, State of California, to Map thereof No. 14960, filed in the Office of the County Recorder of San Diego County, February 4, 2005, according to Map thereof No. APN 213-120-03, I/We, VPI Bressi Storage, LLC, a California limited liability company, 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 H:\Development Services\PROJECTS\CUP FILES\CUP 05\CUP 05-28 Bressi Ranch Self Storage - Jimeno\Bonds and AgreementVHOLD HARMLESS AGREEMENT DRAINAGE(DWG 444-9A).doc 15573 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. 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 Ox^_^-gL- , 20«3-i . PROPERTY OWNERS VPI Bressi Storage, LLC, a California limited liability comDanv • By: _ "^—'(Sign Here) Bret Gossett, Manager (Print Name and Title) Date: By:~&ign Here) Jrint Name and Title) /Date: ___^ 7 (Proper notarial acknowledgment of execution by SUBDIVIDER 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.) APPROVED AS TO FORM: RONALD R. BALLCity Attorney By:_u Jeputy CityAttorfcey 2 H:\Development Services\PROJECTS\CUP FILES\CUP 05\CUP 05-28 Bressi Ranch Self Storage - Jimeno\Bonds and AgreemenftHOLD HARMLESS AGREEMENT DRAINAGE(DWG 444-9A) doc 15574 State of California ) ) County of San Diego ) before me, (Date) personally appeared ^t^S.'TgrV rv 4-V ._ (Name,vTitle of Officer) (Name[s] of Signer[s]) J& personally known to me (proved to me on the basis of sdllsfacloiy evidence) to be the person(£f whose name(s^ subscribed to the within instrument and acknowledged to me thatd5e/!she/tHey- executed the same infhiiZhef/their authorized capacityCies^ and that signaturej$fon the instrument the persoQ^f, or entity upon behalf of which the acted, executed the instrument. WITNESS my hand and official seal '^Signa'ture of Notary KERt H PO1ZQER Commmton # 16336 SonDtogoCow* (This area for official notary seal) Title or Type of Document Y\JE>\O> W©m-w Date of Document ^y^, . -2j*~* .'2.0=3 — | ,v«^ A,^V ^^^cx- No. of Pages ^> Signer(s) other than named above H:\Development Services\PROJECTS\CUP FILES\CUP 05\CUP 05-28 Bressi Ranch Self Storage - JimencABonds and AgreementtHOLD HARMLESS AGREEMENT DRAINAGE(DWG 444-9Aj.doc