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HomeMy WebLinkAboutCUP 01-06; CPT/SC Title Holding Corporation; 2002-1076953; Hold Harmless Agreement/ReleaseOFFICIAL RECDUS SAN DIEGQ COUNTY RECORDER'S OFFICE FEES: It1 . 00 GEGORY J. SMITH? CDUNTY REfOHREFl RECORDING REQUESTED BY WHEN RECORDED MAILTO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 211-021-23-00 & 21 1-022-04-00 PROJECT NO. & NAME: CUP 01-06 King's Fish House/Paseo Del Norte HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of improvement plans (DWG No. 398-8) for development to occur on property described as attached Exhibit "A", (I)We, CPT/SC Title Holding Corporation, 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 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 iYDevelopment ServiceslMasterslBonds 8 Agreeemnts/Hold Hades Agreement Drainage Rev. 12/08/96 ~ 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 PROPERTY OWNERS a California Corporation By: (Sign Here) (Print Name and Title) Date: (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 ity Attorney 2 H:/Developmnt Services/Masterr/Bonds & AgreeemtsRlold Hades Agreement Drainage Rev. 12/08/98 State of California 1 ) County of ) On 8 &% ed before me, personally appeared Moram r-1cmwm * 1 wm- GL All]Kmd) Y /JobI-q (Name, Title bf Officer) (Name[s] of Signer[s]) ,!$(personally known to me -OR - 0 (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 helshelthey executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument. Notary PuMi-Califomia SANDIEGO COUNTY = (This area for official notary seal) Date Of Gupu& a,- No. of Pages Document Signer(s) other than named above 3 H:IDevelopment ServicesWasterslBonds & Agreeemtsklold Harmless Agreement Drainage Rev. 12/08/98 EXHIBIT "A" , LEGAL DESCRIPTION BEING A PORTION OF PARCEL 2 OF PARCEL MAP NO. 11284 RECORDED MAY 11,1981 RECORDED DECEMBER 28,1993, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. AND A PORTION OF LOT 4 OF CARLSBAD TRACT NO. 92-07 OF MAP NO. 13078 4 H:/Developmenl ServiceslMaslenlBonds 8 AgreeemtslHold Hadess Agreement Drainage Rev. 12K)WW