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Home My WebLink AboutSDP 12-05; Faith Community Church By-the-Sea; 2014-0139096; Hold Harmless Agreement/Release% fr DOCtt 2014-0139096 llllllllllllllllllllllllllllllllllllllllllllllllllllllllll RECORDING IS REQUESTED FOR THE BENEFIT OF THE CITY APR 08, 2014 4:58 PM OF CARLSBAD WHEN RECORDED MAILTO: OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 0.00 City Clerk PAGES: 5 CITY OF CARLSBAD 1 Illlll lllll lllll lllll lllll lllll lllll lllll lllll lllll lllll lllll mil mil mil mi iii 1200 Carlsbad Village Dr. 1 Illlll lllll lllll lllll lllll lllll lllll lllll lllll lllll 11 lllll lllll lllll lllll III! Ill Carlsbad, CA 92008 SPACE ABOVE THIS LINE FOR RECORDER'S USE 222-600-01 ASSESSOR'S PARCEL NO. PROJECT ID PROJECT NAME RELATED PROJECT ID: SDP 12-05 Faith Community Church HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan(s) (DWG 479-8) for development to occur on property more particularly described as (see attached, Exhibit "A"), lAA/e, Faith Community Church By-the-Sea, a California non-profit corporation, 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 Q:\CED\LandDev\PROJECTS\SDP\SDP 12\SDP 12-05 Faith Connmunity Church - Bobbett\B & A\HOLD HARMLESS AGREEMENT DRAINAGE (DWG 479-8).doc 01/25/13 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. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// 2 Q:\CED\LandDev\PROJECTS\SDP\SDP 12\SDP 12-05 Faith Connnnunity Church - Bobbett\B & A\HOLD HARMLESS AGREEMENT DRAINAGE (DWG 479-8).doc 01/25/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this " day of k^^-rtJ^ 20/^ . OWNER(S) Faith Community Church By-the-Sea, a California non- profit corporation David P. Townsend, Jr., President, Faith Community Church By-the-Sea (Print Name and Title) APPROVED AS TO FORM: CELIA BREWER City Attorney Abe Thompson, Secretary, Faith Community Church By-the-Sea (Print Name and Title) Date: By: RON KEMP ^ V 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. Othenwise, 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\SDP\SDP 12\SDP 12-05 Faith Comnnunity Church - Bobbett\B & A\HOLD HARMLESS AGREEMENT DRAINAGE (DWG 479-8),doc 01/25/13 EXHIBIT 'A' Lot 103 of CT 93-04, Rancho Carrillo Village a in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No.l5331 filed in the office ofthe County Recorder, March 31,1998 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 State of California County of On 3>W('^ before me, U A-^^AWA.^//:>W^ f^Ul^ Date Here Insert Name and Title of tayofficer '-'"1= neie maeu i^diiie emu mm ui Hovwiiium personally appeared l^^Ur<^~[l/U/y^i^->-r^-^ AI^T^^J^-^^-^-^'T^^V^^^^ Name(s) of Signer(s) I ^ ^ ^ ^ <^ '^'f L.RICHARDSON z Oi^XJ?S5^ COMM. # 1989270 5 ffl^S^^^M NOTARY PUBUC - CAUFORNIAW ^^^•^^IPT SAN DIEGO COUNTY 0 ^ ^^^i^^^COMM. EXPIRES SEPT. 23 2016 Place Notary Seal Above 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 ise/she/they executed the same in hie/her/their authorized capacity(ies), and that by hta'hef/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. Signature OPTIONAL Signature of Notary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: Document Date: . Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: • Corporate Officer — Title(s): • Individual • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer Is Representing: Signer's Name: • Corporate Officer — Title(s): • Individual • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: RIGHT THUMBPRINT OF SIGNER Top of thumb here ) 2010 National Notary Association • NationalNotary.org • 1 -800-US NOTARY (1 -800-876-6827)