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HomeMy WebLinkAboutCDP 05-33X1A; BLACKRAIL LP; 2010-0550417; Hold Harmless Agreement/ReleaseRECORDING 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 2010-0550417 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.: 215-041-30 through 45-00 PROJECT ID: GDP 05-33x1 (A) PROJECT NAME: Poinsettia Ridge RELATED PROJECT ID:£>4 ~ HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan(s) (DWG 433-3B) for development to occur on property more particularly described as Lots 1 through 16, inclusive, City of Carlsbad Tract No. 04-01, in the City of Carlsbad, County of San Diego, State of California, as per Map 15676, recorded March 11, 2008 in the office of the county recorder of said county, I/We, Blackrail LP, a California limited partnership, 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 1 H:\Development Services\PROJECTS\CDP FILES\CDP 05\CDP 05-33X1A Poinsettia Ridge - Jimeno\B & A\HOLD HARMLESS AGREEMENT DRAINAGE(DWG 433-3BJ.doc 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 ^-y ^^ , 20/^ .t/ OWNER(S) Blackrail LP, a California limited partnership By: GS Industries Group, LLC, a_Nevada limited liability company, its General By: (Sign HeYe) (Print Name and Title) Date: By: (Sign Here) (Print Name and Title) Date: APPROVED AS TO FORM: RONALD R. BALL City Attorney By: 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\CDP FILES\CDP 05\CDP 05-33X1A Poinsettia Ridge - JimencAB & A\HOLD HARMLESS AGREEMENT DRAINAGE(DWG 433-3B).doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California /' County of \4&* On before me, personally appeared \^Mj^^Z<^^/ i Name(s) of Signer(s) JANET s. CHRISTENSEN! COMM. # 1822800 * NOTARY PUBLIC-CALIFORNIA^ SAN DIEGO COUNTY 0 COMM. EXPIRES NOV. 1.5±2012Jjt 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. Place Notary Seal Above OPTIONA 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: _ D Individual D Corporate Officer — Title(s): _ D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: _ RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing: Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing:. RIGHT THUMBPRINT OF SIGNER Top of thumb here ©2007 National Notary Association' 9350 De Soto Ave., P.O.Box 2402-Chatsworth, CA 91313-2402-www.NattonalNotary.org Item #5907 Reorder. 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