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HomeMy WebLinkAboutCUP 08-19; BRESSI HOLDING LLC; 2010-0369175; Hold Harmless Agreement/ReleaseDQCtt 2010-0369175 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 JUL22, 2010 2:52 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE DAVID L BUTLER, COUNTY RECORDER FEES: 0.00 PAGES: SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 213-190-02 PROJECT ID: CUP 08-19 PROJECT NAME: Bressi Ranch Assisted Living RELATED PROJECT ID: N/A HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan(s) (DWG 464-9A) for development to occur on property more particularly described as Lot 2 of CT 03-03 according to Map thereof 14800 recorded May 21, 2004, I/We, Bressi Holding, LLC, 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 1 H:\Development Services\PROJECTS\CUP FILES\CUP 08\CUP 08-19 Bressi Ranch Assisted Living\B & A\HOLD HARMLESS AGREEMENT DRAINAGE.doc 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 10th day of J^e t 20 10 . OWNER(S) Bressi Holding, LLC, a California limited liability companv (Sign He -e D. Kevin Moriartv. Preslcrent (Print Name and Title) Date: June 10. 2010^—^ (Sign Here) W. Mai or Chance. Vice President (Print Name and Title) Date: June 10. 2010 APPROVED AS TO FORM: RONALD R. BALL City Attorney By: 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\CUP FILES\CUP 08\CUP 08-19 Bressi Ranch Assisted LivingVB & A\HOLD HARMLESS AGREEMENT DRAINAGE.doc .CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of . IOJ Zo/o before me, personally appeared JANET K.KRU6ER Commtulon * 182563$ Notary PubWc - C«l(fomJi San Dtego County My Cmnm, EwfrM JM 1.2013 who proved to me on the basis of satisfactory evidence to be the person (s) whose name(s)d6/are subscribed to the within instrument and acknowledged to me that ho/&ho/they executed the same in Nc/hor/their authorized capacity(ies), and that by-Waiter/their 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 my hand and official seal. Signature OPTIONAL Signature of ublic 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: Document Date: .. Number of Pages:. Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) 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 of thumb here: Signer Is Representing:. 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: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here. ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402• www.NaMonalNotary.org Item #5907 Reorder. 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