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HomeMy WebLinkAboutCT 10-01; DS Products Inc; 2012-0090689; 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 DOCtt 2012-0090G89 llllllllllllllllillllllllllllilllllllllllllllll FEB 16,2012 1:49 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 0.00 PAGES: 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO. PROJECT ID PROJECT NAME 0. 206-020-08 CT 10-01 SEABREEZE VILLAS RELATED PROJECT ID: HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan(s) (DWG 471-3A) for development to occur on property more particulariy described as (see attached. Exhibit "A"), I/We, DS Products, Inc., a California Corporation, the owners of said property, promise to indemnify and to hold the City of Carisbad, 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 alterafion of the normal fiow of surface waters or drainage, or the concentrafion 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 assumpfion 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 occurring during the construction work or improvements as specified in this agreement. 1 Q:\CED\LandDev\PROJECTS\CT\CT 10\CT 10-01 Sea Breeze Villas - Rick\B & A\HOLD HARMLESS AGREEMENT DRAINAGE (DWG 471-3_471-3A).doc It is further agreed that the above owner(s) will maintain all drainage systems to insure a free fiow to a safisfactory 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 _ OWNER(S) DS Products, Inc.. a California corporation Date: By: (Print Name and Tifie) /UUlV 20// (Sig^iere) Date: (Print Name and Title) APPROVED AS TO FORM: RONALD R. BALL City Attorney By: Deputy City Attorney (Proper notarial acknowledgment of execufion by owner(s) must be attached) (Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. OthenA/ise, the corporafion must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporafion.) Q:\CED\LandDev\PROJECTS\CT\CT 10\CT 10-01 Sea Breeze Villas - Rick\B & A\HOLD HARMLESS AGREEMENT DRAINAGE (DWG 471-3_471-3A).doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of. ] On P'//-// before me, PPcP^fa tc/^ Pn ^ndP Z^^ P?PPaAA QuL Pc Here Insert Name and Trtle of tfie Officer 0 ' Date Hei personally appeared. Name(s) of Signer(s) C«fimilition# 1109018 Notary PuMic • Caiifomia | aP^^Mi Oranot County I who proved to me on the basis of satisfactory evidence to be the personj(8) whose namej^s^ is/^i^subscribed to the within instrument and acknowledged to me that he/sH§/tbey executed the same in his/ber/th^r authorized capacity (ies). and that by his/j^er/tbeir signature(s) on the instrument the person(;g), or the entity upon behalf of which the person(sf 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 and official seal. Place Notary Seal Above Signature C^cttp^:L^t^ Public Py v' T , Sigodlure of>lotaiV Publ 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: '^^/^^^^l^^ru£€<2^ ^<gyv,.ee-y,^=v^ AJPia^c^tt / —/ / -'f / ^ Number of Pages: ^ Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: • Individual • Corporate Officer — Title(s): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: pPcl£i RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer's Name: • Individual • Corporate Officer — Title(s): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHTTHUIVIBPRINT OF SIGNER Top of thumb here . ©200T National Notary Association • 9350 De Soto Ave., RO. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toil-Free 1 -800-876-6827 Q:\CED\LandDev\PROJECTS\CT\CT 10\CT 10-01 Sea Breeze Villas - Rick\B & A\HOLD HARMLESS AGREEMENT DRAINAGE (DWG 471-3_471-3A).doc GOVERNMENT CODE 27361.7 I CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS: Name of the Notary: Adelaida Mendez Commission Number: 1809018 Date Commission Expires: 8/8/12 County Where Bond is Filed: Orange Manufacturer or Vendor Numt)er: NNA1 (Located on both sides of the notary seal border) Signature: C\/ IP/ >xr Citv of Carlsbad Place of Execution: Office of the Citv Clerk/Citv of Carlsbad Date: 1/6/12 Rec. Form #R10 (Rev.7/96) EXHIBIT "A" PARCEL 1: THAT PORTION OF LOT 6 IN BLOCK S OF PAUSADES NUMBER TWO. IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CAUFORNIA, ACCORDING TO MAP THEREOF NO. 1803, FILED IN THE OFRCE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON AUGUST 25, 1924 LYING SOUTHWESTERLY FROM A UNE WHICH IS PARALLEL WITH AND DISTANT 65.00 FEET NORTHEASTERLY AT RIGHT ANGLES FROM THE SOUTHEASTERLY PROLONGATION OF THE NORTHEASTERLY UNE OF LOT 4 IN BLOCK R OF SAID PAUSADES NUMBER TWO, PARCEL 2: ALSO THAT PORTION OF SECTION 7, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN IN THE COUNTY OF SAN DIEGO, STATE OF CAUFORNIA. ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS: BOUNDED ON THE NORTHEASTERN SIDE OF A UNE PARALLEL WITH AND 50 FEET SOUTHWESTERLY FROM THE CENTER UNE OF THE MAIN TRACT OF SAID RAILWAY COMPANY ONTHE SOUTHEASTERN SIDE OF THE NORTHWESTERN UNE OF RANCHO AGUA HEDIONDA; ON THE SOUTHWESTERN SIDE BY A UNE PARALLEL WITH AND 100 FEET SOUTHWESTERLY FROM THE CENTER UNE OF MAIN TRACT; AND ON THE NORTHWESTERN SIDE BY THE SOUTHEASTERN UNE OF TAMARACK AVENUFAS SAID TAMARACK AVENUE IS DERNED BY EASEMENT FROM SAID RAILWAY COMPANY TO THE COUNTY OF SAN DIEGO DATED NOVEMBER 28, 1916.