HomeMy WebLinkAboutCUP 04-28; Donahue Schriber Realty Group LP; 2005-1054379; Hold Harmless Agreement/ReleaseRECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
2005-1054379
DEC 07, 2005 3:48 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY J. SMITH, COUNTY RECORDER
FEES: 0.00
PAGES: 3
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.: 214-430-24
PROJECT NO. & NAME: CUP 04-28
Poinsettia Village Pad 4
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City's approval of a drainage plan (DWG 432-7A) for
development to occur on property described as parcel 12 of MS 729 per Parcel Map No. 15187,
according to Map thereof No. 214-430-24, I/We, Donahue Schriber Realty Group, L.P., a limited
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
employee thereof be liable or responsible for any accident, loss or damage happening or
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Hi/Development Services/Masters/Bonds & Agreements/Hold Harmless Agreement Drainage Rev. 12/08/98
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 / 7
day of
PROPERTY OWNERS
Donahue Schiriber Realty Group, L.P.. a limited partnership
By: Donahue ScKriber Realty Group,/Inc., its general
WWL ^ lUjWqM^ partner
(Sign Here)
MarkUWhitfield
Executive Vice President
(Print Name and Title)
Date: /# 7 ff* 0£~
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
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H:/Development Services/Masters/Bonds & Agreements/Hold Harmless Agreement Drainage Rev. 12/08/98
3
State of California
County of ss.CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
On
Date
personally appeared
\fl.qOQ6 , before me,
Printed Maine of Moia-v Public
I.
33Lpersonally known to me - or -
| | proved to me on the basis of satisfactory evidence:
D form(s) of identification
CD credible witness(es)
Printed Namei^'of Signer^/
to be the person^ whose name(«) is/a*e-subscribed to the within instrument and acknowledged to me
that he/she/ttT5y executed the same in his/ber/their authorized capacity!^, and that by his/bef/tkeir
signature^) on the instrument the person(#, or the entity upon behalf of which the person(tf) acted,
executed the instrument.
DEMEED.RA2O
Commmton #1562402
Notafy PuMc -CoMomto
Orang* County
WITNESS my hand and official seal.
Signature of Notary Public
fSeo/J
OPTIONAL INFORMATION
Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this
acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document.
Description of Attached Document
The preceding Certificate of Acknowledgment is attached to a document
titled/for the purpose of
containing pages, and dated Q(/Ht»6V' 1^ t
The signer(s) capacity or authority is/are as:
I I Individual(s)
I I Attorney-in-Fact
f. Corporate OfficerW
Additional Signer(s) | | Signer(s)Thumbprint(s)
Other
Titled
I I Guardian/Conservator
CD Partner-Limited/General
CD Trustee(s)
ELother:
representing:
Name^f of Signer is Representing