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HomeMy WebLinkAboutCDP 08-20; B Mills & Co LLC; 2010-0076563; Hold Harmless Agreement/ReleaseDOC# 2010-0076563 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 FEB16, 2010 3:32 PM 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.: 203-141-18 PROJECT ID: CDP 08-20 PROJECT NAME: B. MILLS & CO., LLC RELATED PROJECT ID: CB 09-1627 HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan(s) CB 09-1627 for development to occur on property more particularly described as lot 92 of Granville Park Unit No. 2, in the City of CarlsbadO, County of San Diego, State of California, according to Map thereof No. 2037, filed in the Office of the County Recorder of San Diego County, June 18, 1972. We, B. Mills & Co., LLC, 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 Mills 1-28-08.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 /SR35fr^^ . OWNER(S) (Print Name and Title) 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.) 2 H:\Development Services\MASTERS\Agreements\Non-Secured Agreements\HOLD HARMLESS AGREEMENT DRAINAGE rev 1-28-08.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Coliternia Or County of L-<Sjr\<Lj On 7)eG. 7 ,2*00°! before me, personally appeared ^^ <J> • M i II Here Insert Name and Title of the Officer Name(s) of Signer(s) OFFICIAL SEALSUSAN I HART NOTARY PUBLIC - OREGON COMMISSION NO. 438521 CgyigSMjjEXPjRESMAY9,2013B®SBS©SSS®SsS@Sa33 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. £>t~c °r\ Place Notary Seal Above WITNESS my r^nd 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: 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: RIGHTTHUMBPRINT 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:. RIGHTTHUMBPRINTOF SIGNER Top of thumb here O2007NationalNotaryAssociation'9350DeSotoAve.,P.O.Box2402'Chatswortti,CA 91313-2402-www.NatlonalNotary.org Itemi5807 Reorder: Call Toil-Free 1-800-876-6827