HomeMy WebLinkAboutCT 04-10A; CARLSBAD POINSETTIA LAND COMPANY; 2010-0695940; Hold Harmless Agreement/ReleaseRECORDED AT THE REQUEST OF
CHICAGO TITLE COMPANY
SUBDIVISION DEPT.
DOCtt 2010-0695940
(^-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
DEC 16, 2010 8:00 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
DAVID L. BUTLER, COUNTY RECORDER
FEES: 21.00
PAGES:
9616
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.: 215-020-23-00
PROJECT ID: CT04-10(A)
PROJECT NAME: Poinsettia Place
RELATED PROJECT ID:
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City's approval of a drainage plan(s) (DWG 469-5D) for
development to occur on property more particularly described as THE NORTH HALF OF THE
SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 23, TOWNSHIP
12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, I/We,
Carlsbad Poinsettia Land Company, 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
1
H:\Development Services\PROJECTS\CT FILES\CT 04\CT 04-10A Poinsettia Place - BobbetftB & AVHOLD HARMLESS AGREEMENT DRAINAGE (CT 04-10(A).doc
9677
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
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 thist^
day of f o MJWAya/ 2oV^_.
OWNER(S)
Carlsbad Poinsettia Ljand Company, a California limited
Habilityjxjmpanv
(Sign Here)
David Jacinto, Managing Member
(Print Name and Title)
Date: //• /ff-/O
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
Bv:*)eputy 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\PROJECTS\CT FILES\CT 04\CT 04-1OA Poinsettia Place - Bobbett\B & A\HOLD HARMLESS AGREEMENT DRAINAGE (CT 04-10(A).doc
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
9678
State of California
County of
On
Dale
personally appeared
PUffb
before me,
J
A .g
Insert Name and Title of the
Name(s) ol Signerfs)
OFFICIAL SEAL 'I
A. O'LOUGHLIN J
NOTARY PUBLIC-CALIFORNIA^
COMM. NO. 1904837 £
SAN DIEGO COUNTY •
MY COMM. EXP..OCT. 12,2014 I
J
JBUG•cofiNlA
;OMM. NO. 1004837 ^
SAN DIEGO COUNTY |
MY COMM. EXP. OCT. 12, 2014 I
who proved to me on the basis of satisfactory evidence to
be the personiafwhose name(s) is/are subscribed to the
within instrument and acknowledged to me that
he/sJle/tjjery' executed the same in his/her/their authorized
capacity(ies), and that by his/herAheir 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 a/jjd official seal.
F'lace Notary Seal Above Signature.
OPTIONAL -
Signature^ 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
CD Attorney in Fact
Trustee
Guardian or Conservator
Other: ___
D
D
D
RIGHT THUUBPRINT
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:
RIGHTTHUr.lBPfiir
OF SIGNER
Top ol thumb here
Signer Is Representing:.
O2O07 National Nota^ Association • 9350 De Soto Ave.. P.O.Box 2402 .Chatswonh, CA 91313-2408- www.NationalNotary.ora Item »S907 Reorder Call ToHJ=r»e 1^00-876-6827