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HomeMy WebLinkAboutCT 07-04; Bressi Ranch Medical Plaza LLC; 2008-0499534; Hold Harmless Agreement/ReleaseDOC# 2008-0499534 / C 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 SEP 22, 2008 9:19 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH. COUNTY RECORDER FEES: 0.00 PAGES: SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 213-260-01-00 PROJECT ID: CT 07-04 PROJECT NAME: Bressi Ranch Medical Plaza RELATED PROJECT ID: HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan(s) (DWG 455-9A) for development to occur on property more particularly described as REAL PROPERTY IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: LOT 1 OF CARLSBAD TRACT CT 02-15 BRESSI RANCH, ACCORDING TO MAP THEREOF NO. 14960, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 4, 2005, I/We, Bressi Ranch Medical Plaza, 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 FILESVCT 07\CT 07-04 Bressi Ranch Medical Plaza - Levy\Bonds and AgreemenftHOLD HARMLESS AGREEMENT DRAINAGEfDWG 455-9).doc 1853 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 Z $~~ day of <TOM(g" , 20_o£l- OWNER(S) Bressi Ranch Medical Plaza, LLC, a California limited liability company Bv: Rancho Pacific Properties, Inc., a California Corporation (d/b/a-Uiban + West), its_Managing Member By: (Sign Here) David DiRienzo, President (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.) H:\Development Services\PROJECTS\CT FILES\CT 07\CT 07-04 Bressi Ranch Medical Plaza - Levy\Bonds and AgreemenftHOLD HARMLESS AGREEMENT DRAINAGE(DWG 455-9J.doc 1854 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENTjBease@e@6JBe@e@6@s@s@s@6@SjasjB8S8Be®a@e@^ State of California County of UTA.^ €^ On Date * personally appeared before me, Here Insert Name and Title of the Office/ Name(s) of Signer(s) Commtoton # 164*392 Notary Pubtc -CcMtofrto Orang* County MyConwn.ExpiNMFab28,2010 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/sheAhey executed the same in his/herAheir 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. • Place Notary Seal Above WITNESS m\ Signature OPTIONAL- and official seal. 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: • ; • DoQument Rate; : .__, Number of Pages:. Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: -• ; D Individual Q Corporate Officer — Title(s): ; D Partner —-D Limited D General E3 Attorney in Fact D Trustee D Guardian or Conservator D Other: • •• Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER top of thumb here. 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 pf.thumb here Signer Is Representing:. 9&9&y&9&9&f^ O2007^^ National Notary Association' 9350 De Soto Ave., P.O. Box 2^ «C5hatswbrth,CA 91313-2402'Www.NationalNcitary.org Item #5907 Reorder. Call Toil-Free 1-800-876-6827 Doc ER-08-06 03/13/2008