HomeMy WebLinkAboutCDP 04-42; Carlsbad Auto Park Properties LLC; 2006-0398661; Hold Harmless Agreement/ReleaseDOC# 2006-0398661
V*
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
JUN06, 2006 2:41 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY J. SMITH, COUNTY RECORDER
FEES: 0.00
PAGES: 4
•0398661
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.: 211-060-09-00
PROJECT NO. & NAME: CDP 04-42
North County Pontiac/GMC
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City's approval of a drainage plan (DWG 433-8A) for
development to occur on property described as attached "Exhibit A", according to Map thereof
APN No. 211-060-09-00, I/We, Carlsbad Auto Park Properties, 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
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
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9506
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 9th
day of February 2006 .
PROPERTY OWNERS
Carlsbad Atito Park Properties, LLC, a California limited
Kabilitv i
Here)
James E. Crowley, Manager
(Print Name and Title)
Date:
(Sign Here)
(Print Name and Title)
Date:
(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. BALL
City Attorney
H:/Development Services/Masters/Bonds & Agreements/Hold Harmless Agreement Drainage Rev. 12/08/98
9507
State of California
County of San Diego
On
(Date)
personally appeared ^
before me,vT/^
(Name, Title officer)
(Namef^J of Signer[?J)
A D*T5ersonally known to me -OR - D
(proved to me on the basis of satisfactory evidence) to be the personj^j whose name(s)
is/sw*-subscribed to the within instrument and acknowledged to me that he/sheftfTey
executed the same in his/hor/thoir authorized capacityfpere), and that by his/hor/thoir
signature^) on the instrument the person^), or entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal
DONNA J. PLUMB \
Commission 11352013 <
NOTARY PUBLIC • CALIFORNIA 3
SAN DIEGO COUNTY £
MY COMMISSION EXPIRES i
MAY 14, 2006 \
Signature of
(This area for
official notary seal)
Title or Type of Document
Date of Document
Signer(s) other than named above
No. of Pages
H:/Development Services/Masters/Bonds & Agreements/Hold Harmless Agreement Drainage Rev. 12/08/98
File No: 03206145
950B
EXHIBIT "A"
All that certain real property situated in the County of San Diego, State of
California, described as follows:
Lot 3 of Carlsbad Tract 72-3, in the City of Carlsbad, County of San Diego, State
of California, according to Map thereof No. 7492, filed in the Office of the County
Recorder of San Diego County, November 30, 1972.
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