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HomeMy WebLinkAboutCUP 10-12; Chabad at La Costa; 2012-0333375; Hold Harmless Agreement/ReleaseDOCtt 20 llllll 2-0333375 II 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 JUN 07, 2012 9:24 AM 8789 OFFICIAL RECORDS SAN DIEGG COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 24.00 PAGES: 4 SPACE ABOVE THIS LINE FOR RECORDER'S USE 216-580-08-00 ASSESSOR'S PARCEL NO. PROJECT ID PROJECT NAME CUP 10-12 CHABAD AT LA COSTA RELATED PROJECT ID: CB 120241 HOLD HARMLESS AGREEIVIENT DRAINAGE In consideration of the City's approval of a drainage plan(s) (CUP 10-12/CB120241) for development to occur on property more particularly described as attached Exhibit A, We, Chabad at La Costa, a California Nonprofit Religious 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. Q.\CED\LandDev\PROJECTS\CUP\CUP 10\CUP 10-12 New Jewish Community Center - Bobbett\Correspondence\Admin Doc\HOLD HARIVILESS AGREEIVIENT DRAINAGE rev 1-28-08.doc 8790 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 /hc^fi^U , 20/2. • OWNER(S) CHABAD AT LA COSTA a California Nonprofit Religious Corporation (Sign Here) Date: By: (Print Name and Title) (Sign Here) APPROVED AS TO FORIVI: RONALD R. BALL City Attorney By: X\O.X Date: (Print Name and Title) 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. Othen^/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 10-12 New Jewish Community Center - Bobbett\Correspondence\Admln Doc\HOLD HARIVILESS AGREEMENT DRAINAGE rev 1-28-08.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 8791 State of California County of SanPiegO MAR 0 6 20f2 before me, Walter E. Pueschel. a Notary PuMIC } On Date Here Insert Name andTitle of the Officer personally appeared Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the persor\(«) whose nameis) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/he^itlw authorized capacity (ies), and that by his/heciittillr signature(9)^on the instrument the person(8), or the entity upon behalf of which the personj(s) acted, executed the instrument. 15 I WALTER E. PUESCHEL Commistion # 1795955 Nolofy PuMic • Collfornia | ^ Ion 0I>90 County »<lyCowm.ExplwtJul9.2012 \ Place Notary Seal Above 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. OPTIONAL - Signgfufe of Notary Public 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 Pate: MAR 0 6 2012 , Number of Pages: ^ Slgner(s) Other Than Named Above: Capacity(ies) Claimed by Slgner(s) Signer's Name: • Individual ^ pi Corporate Officer — Tjtle(s): (lUSf tf ^,.iry~ • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHT THUIVIBPRINT 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 OFSIGNER Top of thumb here ©2007 National Notary Association* 9350 IDe Soto Ave., RO.Box 2402 •Chatsworth, CA 91313-2402•www.NationaiNotary.org item #5907 Reorder:CallToll-Fijee 1-800-876-6827 Q:\CED\LandDev\PROJECTS\CUP\CUP 10\CUP 10-12 New Jewish Community Center - Bobbett\Correspondence\Admin Doc\HOLD HARMLESS AGREEMENT DRAINAGE rev 1-28-08.doc EXHIBIT A 8792 Real property in the Qty of Carlsbad, County of San Diego, State of Califomia, described as follows: LOT 8 OF CARLSBAD TRACT NO. 97-09, LA COSTA LUCKY SAV-ON SHOPPING CENTER #121- 283, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 14038, RLED IN TWE OFHCE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 15, 2000 AS INSTRUMENT NO. 00-496121 OF OFROAL RECORDS. APN: 216-580-08-00