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Home My WebLink AboutCT 06-12; 2221 Las Palmas LP; 2007-0536754; Hold Harmless Agreement/Releasert 31 13120 RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 DGC# 2007-0536754 AUG10,2007 4:37 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE G R E G 0 RY J .SMITH CO IJ N T Y R E CO R D E R FEES: G.QG RAGES- 3 2007-0536754 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 213-050-31 PROJECT NO. & NAME: CT 06-12, CE 07-15 Las Palmas Industrial Condo HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval for development to occur on property described as Lot 6 of Carlsbad Tract No. 79-1, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 9389, filed in the Office of the County Recorder of San Diego County on September 26, 1979, according to Map thereof No. APN 213-050-31, I/We, 2221 Las Palmas LP, a California Limited Liability Partnership, 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 H:\Development Services\PROJECTS\CT FILES\CT 06\CT 06-12 Las Palmas Industrial - Levy\Bonds and Agreement\HOLD HARMLESS AGREEMENT DRAINAGE(CT 06- 12).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 ^3 day of ~Suu\^ j 2Q€>1 . PROPERTY OWNERS 2221 Las Palmas, LP, a California Limited Partnership Bv: WASHNET Development Corporation, a California corporation. Its general partnership CBO Partners, 86-1, a California limited and James R. Sommers, Jr. (a.k.a. bmmers) (Sign Here) Bob Sommers, President (Print Name and Title) Date: By:_ ign Here) Date: (Print Name and Title) (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 Deputy City Attorney H:\Development Services\PROJECTS\CT FILES\CT 06\CT 06-12 Las Palmas Industrial - Levy\Bonds and Agreement\HOLD HARMLESS AGREEMENT DRAINAGEfCT 06- 12).doc 13122 State of California County of San Diego On_ (Date) personally appeared me, (Name, Title of Officer) (Name[s] of Signer[s]) _,. ^.personally known to me -OR - D/ (proved to me on the basis of satisfactory evidence) to be the person(s^ whose name(ai^ is/ap subscribed to the within instrument and acknowledged to me that he/s|fe/tji4y executed the same in his/h^r/trj&ir authorized capacity(ies^, and that by his/hefr/thjelr signature^ on the instrument the persoiW), or entity upon behalf of which the person(s^f acted, executed the instrument. WITNESS my hand and official seal DEMISE S. DE CHAINE COMM. #1574328 Note»y PuWto-CallfomtaSANI Signature of Notary (This area for official notary seal) Title or Type of Document Date of Document H 0 M 6 , Signer(s) other than named above IQ/A No. of Pages \W\- H:\Development Services\PROJECTS\CT FILES\CT 06\CT 06-12 Us Palmas Industrial - Levy\Bonds and AgreemenhHOLD HARMLESS AGREEMENT DRAINAGEfCT 06- 12).doc