HomeMy WebLinkAboutCT 04-22; Gofat LLC; 2007-0712719; Hold Harmless Agreement/ReleaseDOC# 2007-0712719
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
NOV09,2007 10:49 AM
OFFICIAL RECORDS
SiN DIFRfi fOUNTY RECORDER'S OFFICE
GREGORY ,l SMITH. COUNTY RECORDER
FEES 13.00
PAGES:
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.: 203-144-01
PROJECT NO. & NAME: CT 04-22
Ocean Estates
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City's approval of a drainage plan (DWG 432-3A) for
development to occur on property described as The northwesterly half of block 7 of town of
Carlsbad, in the City of Carlsbad, County of San Diego, State of California, according to Map
thereof No. 775, filed in the County Recorders Office on May 2, 1888. The southeasterly line of
said northwesterly half being drawn parallel with the northwesterly line of said block 7,
according to Map thereof No. APN 203-144-01, I/We, Gofat LLC, 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
H:\Development Services\PROJECTS\CT FILES\CT 04\CT 04-22 Ocean Vista Estates - Wickham\Bonds and Agreements\HOLD HARMLESS AGREEMENT DRAINAGE(432-
3A).doc
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 this _
day of /?'/</ 20 &7
PROPERTY OWNERS
Gofat LLC, a California limited liability comoanv
By:
(Sign Here)
Bernard Goldstein, President-Owner
(Print Name and Title)
Date: 6 ~IV-t 7
By:
(Sign Here)
Marina Goldstein, Co-Owner
(Print Name and Title)
Date: £ -/</ -Q 7
(Proper notarial acknowledgment of execution by SUBDIVIDER 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.)
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
By:
Deputy City Attorney
2
H:\Development Services\PROJECTS\CT FILES\CT 04\CT 04-22 Ocean Vista Estates - Wickham\Bonds and Agreements\HOLD HARMLESS AGREEMENT DRAINAGE(432-
3A).doc
J
State of California
County of San Diego )
On %- 14-0-7 before me,
(Date)
personally appeared HQ r d
O
Qrm
(Klame, Title of Officer)
<" vo
(Name[s] of Signer[s])
personally known to me -OR - n
(proved to me on the basis of satisfactory evidence) to be the persoo(s) whose name
is/^re) subscribed to the within instrument and acknowledged to me that he/shajtfiej
executed the same in his/her/mejp authorized capacity^iesy and that by his/he/rthel
signaturwsnon the instrument the perso/f(s),]or entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal
signature of Notary
DEBBIE ANN SLAHERY
Commission* 1688012
Notary Public - California
San Diego County
MyComm. ExptoiScp 14,20U
(This area for
official notary seal)
Title or Type of Document
Date of Document No. of Pages
Signer(s) other than named above
H:\Development Services\PROJECTS\CT FILES\CT 04\CT 04-22 Ocean Vista Estates - Wickham\Bonds and Agreements\HOLD HARMLESS AGREEMENT DRAINAGE(432-
3A).doc