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HomeMy WebLinkAboutCDP 08-18; Saba, Don and Diane; 2009-0521835; 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 DQC# 2009-0521835 SEP 18, 2009 9:07 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.: PROJECT ID: PROJECT NAME: RELATED PROJECT ID: 203-140-06 CDP 08-18 SABA RESIDENCE CB 09-0776 HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan(s) CB 09-0776 (for development to occur on property more particularly described as lot 7 in Block "A" of the Hayes Land Co. additions to Carlsbad, Map No. 2, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 1221, filed in the Office of the County Recorder of San Diego County November 4, 1909, except that portion, if any, of said land lying below the ordinary high tide to the water of the Pacific Ocean.) We, Don Saba and Diane Saba, Trustees of the Saba Trust dated February 28, 1991, 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 F:\KATHY\KATHY\HoldHarmless\HOLD HARMLESS AGREEMENT DRAINAGE SABA.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.C (7 ., 20^2. OWNER(S) DON SABA and DIANE SABA, Trustees of the Saba Trust dated February 28, 1991 By: (Sign Here) DON SABA and DIANE SABA, Trustees of the Saba Trust dated February 28, 1991 __ (Print Name and Title) Here) DON SABA and DIANE SABA, Trustees of the Saba Trust dated February 28, 1991 Date: (Print Name and Title) 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.) F:\KATHY\KATHY\HoldHarmless\HOLD HARMLESS AGREEMENT DRAINAGE SABA.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On Date personally appeared before me, Here Insert Name and Title of the Officer Name(s) of Signer(s) OFFICIAL SEAL DAREN VASS MY cSj/IM.'ixR NOV. 2X201 ( 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 hje/stie/they executed the same in tyis/heV/their authorized capacity(ies), and that by tyte/hjer/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 Place Notary Seal Above Signature OPTIONAL - Though the information below is not required by law, it may prove valuable t&persbftsffetying on the document and could prevent fraudulent removal and reattachment of thisjdrm to anotnUfdocument. Description of Attached Document / Title orType of Document: 1\<)U> J let** Document Date: *7 [l1(>'Ci 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.NationalNotary.org Item #5907 Reorder: Call Tdl-Ftee 1 -800-876-6827 F:\KATHY\KATHY\HoldHarmless\HOLD HARMLESS AGREEMENT DRAINAGE SABA doc GOVERNMENT CODE 27361.7 I CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS: Name of the Notary: _ Cug^ve fl-S\ Commission Number: / 10 6>/?cfa» Date Commission Expires; County Where Bond is Filed;04. *. Manufacturer or Vendor Number: (Located on both sides of the notary seal border) Signature:_ irm NairtFirm Nairte (if applicable) Place of Execution; C^ 9 ^Xbg<- d Date: Rec. Form #R10 (Rev. 7/96)