HomeMy WebLinkAboutPUD 09-02A; MARARISK CARLSBAD LLC; 2010-0550418; Hold Harmless Agreement/ReleaseDOCtt 2010-0550418
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
OCT13, 2010 8:34 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
DAVID L BUTLER, COUNTY RECORDER
FEES: 0.00
PAGES:
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.: 212-130-45
PROJECT ID: PUD 09-02(A)
PROJECT NAME: Life Technologies Amenity
Building
RELATED PROJECT ID:
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City's approval of drainage plan(s) (DWG 462-7D) for
development to occur on property more particularly described as PARCEL 2 OF PARCEL MAP
NO. 17971, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, DECEMBER 24, 1997 AS FILE NO. 1997-0656621 OF OFFICIAL RECORDS; I/We,
Mararisk Carlsbad, LLC, a Delaware 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\PUD FILES\PUD 09\PUD 09-02(A) Life Technologies - Riddle\B & A\HOLD HARMLESS AGREEMENT DRAINAGE-Mararisk (DWG 462-
7D).docx
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 S^i^^s , 20 / </*.
OWNER(S)
Mararisk Carlsbad, LLC, a Delaware limited liability comDanv
(Sign Here)
Wes Uhlman, its managing member
(Print Name and Title)
(Sign Here)
Robert C. Penney, its managing member
(Print Name and Title)
^.1
Date:
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
Deputy 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.)
H:\Development Services\PROJECTS\PUD FILES\PUD 09\PUD 09-02(A) Life Technologies - Riddle\B & A\HOLD HARMLESS AGREEMENT DRAINAGE-Mararisk (DWG 462-
7D).docx
STATE OF
COUNTY OF
On /)tlu.&f jlq
personally appeared
before me,L-
L^Ln I YftdH
Notary Public,
, who proved to me
on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of eulifuimathat the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
^ ^^/
(Signature of Notary)
A I
/
55° ^ X -4 |S
Rev. 12/17/2007
STATE OF
?£>,_gDlD before me, U^DfZ^CO^J^^nNotary Public,l(j l ffS ; c N.
personally appeared TvJUzr:-r C _^ "jGO C\Q>4 , who proved to me
on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct. , \ | / / / ///
WITNESS my hand and official seal. s
so
*••—*
*
(Signature of Notary)
Rev. 12/17/2007