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HomeMy WebLinkAboutCUP 10-08; Catholic Charities Diocese of San Diego; 2012-0404962; Hold Harmless Agreement/ReleaseDOCtt 2012-0404962 MP RECORDING IS REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD WHEN RECORDED MAILTO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 JUL 12, 2012 10:57 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Emest J. Dronenburg, Jr., COUNTY RECORDER FEES: 0.00 PAGES: SPACE ABOVE THIS LINE FOR RECORDER'S USE 209-041-28 ASSESSOR'S PARCEL NO. PROJECT ID PROJECT NAME RELATED PROJECT ID: CUP 10-08 La Posada de Guadalupe HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan(s) (DWG 473-4A) for development to occur on property more particularly described as (see attached. Exhibit "A"), I/We, Catholic Charities Diocese of San Diego, a non profit 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 1 Q:\CED\LandDev\PROJECTS\CUP\CUP 10\CUP 10-08 La Posada de Guadalupe - Levy\B & A\HOLD HARMLESS AGREEMENT DRAINAGE{DWG 473-4A).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.jgg>^ day of ^^/^ , 20^ OWNER(S) Catholic Charities Diocese of San Dieqo, a non profit corporation By: (Sign Here) Sister Ray/jonda DuVall, Executive Director, Catholic Charities (Print Name and Title) Date: By: (Sign Here) (Print Name and Title) Date: APPROVED AS TO FORM: RONALD R. BALL City Attorney By: Deputy City Attorney U (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.) Q:\CED\LandDev\PROJECTS\CUP\CUP 10\CUP 10-08 La Posada de Guadalupe - Levy\B & A\HOLD HARMLESS AGREEMENT DRAINAGE(DWG 473-4A).doc EXHIBIT "A" PARCEL 2 OF PARCEL MAP NO. 15247, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 25, 1988 AS FILE/PAGE NO. 88-247094 OF OFFICIAL RECORDS. EXCEPTING THEREFROM ALL OIL, MINERAL,GAS AND OTHER HYDROCARBON SUBSTANCES BELOW A DEPTH OF 500.00 FEET FROM SURFACE OF SAID LAND, BUT WITHOUT THE RIGHT OF SURFACE ENTRY AS RESERVED BY PALOMAR VISTA, LTD., A LIMITED PARTNERSHIP IN DEED RECORDED SEPTEMBER 30, 1977 AS FILE/PAGE NO. 77-401720 OF OFFICIAL RECORDS. APN: 209-041-28-00 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On } ^ll jZ^ll before me, U^&(/m ^• ./^/mV ^a&OCJ . Date Here Insert Name and Title bf'the Officer personally appeared _ Name(s) of Name(s) of Signer(s) COMIRlllllll # tllfllS • who proved to me on the basis of satisfactory evidence to be the persor)(sfwhose name(8f is/^ subscribed to the within instrument and acknowledged to me that ^/she/the^ executed the same jfr1iis/her/th^ authorized capacity(i^), and that by ^i^her/ttjetf signature(s) on the instrument the personi(^ or the entity upon behalf of which the persori«racted, 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. Signature of Notary Pubdic OPTIONAL 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(les) 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: 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: RIGHTTHUMBPRINT OF SIGNER Top of thumb here ©2007 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\CUP\CUP 10\CUP 10-08 La Posada de Guadalupe - Levy\B & A\HOLD HARMLESS AGREEMENT DRAINAGE(DWG 473-4A),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: Liberata R. Herrera Connmission Number: 1807960 Date Commission Expires: 7/31/2012 County Where Bond is Filed: San Diego Manufacturer or Vendor Number: NNA1 (Located on both sides of the notary seal border) Signature:. Citv of Carlsbad Place of Execution: Office of the Citv Clerk/Citv of Carlsbad Date: 6/28/12 Rec. Form #R10 (Rev.7/96)