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HomeMy WebLinkAboutCUP 10-10; Palomar Congregation of Jehovah's Witnesses; 2012-0821619; Hold Harmless Agreement/Release9 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 DOCtt 20 2-0821619 DEC 28, 2012 10:03 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE ErnestJ. Dronenburg, Jr., COUNTY RECORDER FEES: 0.00 PAGES: SPACE ABOVE THIS LINE FOR RECORDER'S USE 213-110-16 ASSESSOR'S PARCEL NO. PROJECT ID PROJECT NAME RELATED PROJECT ID: CUP 10-10 Carlsbad Kingdom Hall HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan(s) (DWG 475-9A) for development to occur on property more particularly described as (see attached. Exhibit "A"), lAA/e, Palomar Congregation of Jehovah's Witnesses, 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 QACED\LandDev\PROJECTS\CUP\CUP 10\CUP 10-10 Carlsbad Kingdom Hall - Bobbett\B & A\HOLD HARMLESS AGREEMENT DRAINAGE (DWG 475-9 and 475-9A).doc 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 i day of iJo^-^^ht^' 20 ( ^. s OWNER(S) Palomar Congregation of Jehovah's Witnesses, Vista, Califojuia, Inc., a California Non-Profit Religious Corporation (Sign Here) David Perpich, President Date: By: _ / (P/Int Name and Title) ///P//2^ (Sign Here) Gary Hulbert, Secretary Date: (Print Name and Title) i^ls[ion^ APPROVED AS TO FORM: RONALD R. BALL City Attorney W. I C2r Assistant City Attornev ney (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. OthenA/ise, 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 10-10 Carlsbad Kingdom Hall - Bobbett\B & A\HOLD HARMLESS AGREEMENT DRAINAGE (DWG 475-9 and 475-9A).doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California of X^ie^o County On tl-b-^OlX-^ before me, } / Here Insert Name and Title of the Officer / personally Date 1/ / Here in^grtNanie ana line ot tne otticer / appeared Oz^N Hfulb^rf' J)aUicJ Pe^pfch / Name(s) ofagnerfs) 1 TAMMY M.FftA2INE Commlation # 1843016 Notary Public • CalHornia 8an Oiago County san Oiago coumy g Place Notary Seal Above who 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 he/she/they 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 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. WITNESS my hand and official seal Signature >7 igii^ture of Notary Public 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 Attaclied Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capaclty(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: 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 Associatton •9350 De Soto Ave., RO.Box 2402* Chatswoi1»i,CA 91313-2402 •www.NationalNotary.org ltem#5907 Reorder Call Tdl-Free 1-800-876-6827 Q:\CED\LandDev\PROJECTS\CUP\CUP 10\CUP 10-10 Carlsbad Kingdom Hall - Bobbett\B & A\HOLD HARMLESS AGREEMENT DRAINAGE (DWG 475-9 and 475-9A).doc EXHIBIT 'A' THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL A: PARCEL 2 OF PARCEL MAP NO. 20174, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY DECEMBER 20, 2006. PARCEL B: AN EASEMENT FOR INGRESS AND EGRESS OVER, ACROSS AND UPON THAT PORTION OF PARCEL 3 OF SAID PARCEL MAP NO. 20174 SHOWN AND DESIGNATED ON SAID PARCEL MAP AS "30' WIDE COVENANT OF ACCESS EASEMENT FOR BENEFIT OF PARCELS 2 AND 3 PER DOCUMENT NO. 2006-0901067 RECORDED DECEMBER 20, 2006 OF OFFICIAL RECORDS." Rev 08/11/2010