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HomeMy WebLinkAboutCDP 10-27; ROZEK, LEONARD AND GERRY; 2011-0240061; 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 DQCtt 2011-0240061 MAY 09, 2011 3:12 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 0.00 PAGES: SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 203-141-14-00 PROJECT ID: CDP 10-27 PROJECT NAME: ROZEK RESIDENCE RELATED PROJECT ID: CB 102572 HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (CDP 10-27) for development to occur on property more particularly described as Lot 88 of Granville Park No. 2, in the City of Carlsbad, 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 19, 1927. We, Leonard J. Rozek and Gerry M. Rozek, 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 F:\KATHY\KATHY\HoldHarmless\ROZEK HOLD HARMLESS AGREEMENT DRAINAGE ROZEK 1-28-08.doc 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 2jj day of;_, 2011 . OWNER(S) LEONARD J. ROZEK and GERRY M. ROZEK, husband and wife as Joint Tenants LEONARD J. ROZEK Date: (Print Name and Title) (Sign Here) GERRY M. ROZEK (Print Name and Title) Date: APPROVED AS TO FORM: RONALD R. BALL City Attorney Deputy City Attorne (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\ROZEK HOLD HARMLESS AGREEMENT DRAINAGE ROZEK 1-28-08.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of _ On f before me, } Ir Date T^ ~^^~~_~He personally appeared / -g(0/7 ^7/ i7 I<Q7.QJ? '—^ ~ /^"> "~ Name i^ \^ \ f i^r> \s / i \ | a Here Insfert Naffie and Title of the *yy>j ^ JENNIFER LYNDON Commission* 1866902 Notary Public - California San Diego County My Comm. Expires Oct 2, 2013 Nl|ll* who proved to me on the basis of satisfactory evidence to be the person(^ whose name^^^re)subscribed to the withirv-j«K5trument and acknowledged^o me that he/^he/me^xecuted the same jjrhjs/h^he|r authorized capacity^i and that by"hi^eri^ei)r sign§ture|sy on the instrumenTuie persor^^ or the entity upon behalf of which the person^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. Place Notary Seal Above WITNESS my hand and official seal. Signature OPTIONAL - 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 nft\ClTitle or Type of Document: Document Date: ^ / 2-5 Signer(s) Other Than Named Above: U /f\ Capacity(ies) Claimed by Signer(s) Number of Pages: 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 Signer's Name: D Individual H 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.NaMonalNotary.org Item #5907 Reorder Call Toll-Free 1 -800-876-6827 F:\KATHY\KATHY\HoldHarmless\ROZEK HOLD HARMLESS AGREEMENT DRAINAGE ROZEK 1-28-08.doc