HomeMy WebLinkAboutMS 03-09; EQBP-1 LLC; 2004-0980133; Hold Harmless Agreement/ReleaseDUC # 2004-09801 33
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad. CA 92008
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OCT 15,2004 8:29 AM
O FFI Cl AL RECORDS
SAN DIEGO CUUNTY RECTJRDER'S OFFICE GREGORY J. SMITH.. COUNTY RECORDER FEES: 0.00 PAGES: 3
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SPACE ABOVE THIS LINE FOR RECORDERS USE
ASSESSOR'S PARCEL NO.: 212-120-34-00
PROJECT NO. & NAME: MS 03-09/CE 04-10
EQUUS
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City's approval of a Minor Subdivision No. MS 03-09 for
development to occur on property described as lots 44 and 45 of Carlsbad Tract No. 85-24, Unit
No. 3, in the City of Carlsbad, County of San Diego, State of California, according to the map
thereof no. 11810, filed in the office of the County Recorder of San Diego County, May 19,
1987, per Certificate of Compliance CE 543, in the office of the County Recorder of San Diego
County, December 26, 1989 as document no. 89-696935. We, EQBP-1, LLC, a Delaware
Limited Liability Company, 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
I
H~vebpment SeMceslMaslerrlBonds & AgreeenntslHdd Harmless Agreement Drainage Rev. 12108198
:onstruction of the improvements pursuant to the approved plans, nor shall any officer or
?mployee thereof be liable or responsible for any accident, loss or damage happening or
iccurring during the construction work or improvements as specified in this agreement.
It is further agreed that the above owners will maintain all drainage systems to insure a
'ree flow to a satisfactory point of discharge unless said systems are accepted as public
'acilities.
It is further agreed that this agreement shall be binding on all heirs, successors or
3ssigns having an interest in all or any part of the property described herein.
IN WITNESS WHEREOF, the undersigned has executed this instrument this 1 3
jay of $- I20 04.
PROPERTY OWNERS
EQBP-1, LLC. a Delaware Limited Liabilitv ComPanv
93: (Sign Here)
z/.c/*. MMu.4 -UL f?uhu5, L?
(Hint Name and Title)
(Proper notarial acknowledgment of execution by SUBDIVIDER must be attached)
(Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant
treasurer must sign for corporations. Otherwise, the corporation must attach a resolution
certified by the secretary or assistant secretary under corporate seal empowering the officer@)
signing to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL City Attorney
By:
2 H:/Developmnt ServiceslMasterslBonds 8 AgreeermWHold Harmless Agreement Drainage Rev. 12/08/98
State of California 1 1
County of San Diego )
OnSdrnd beforeme, 5h;fM L. Er/bAf9f,. ob4 ?Ubll c
personally appeared Ghcid VI.
'(Date) Name, Tih6 of Officer)
(Name[s] of Signer[s])
+&
,$c[eersonally known to me -OR - 0
(proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s)
islare 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 hislherltheir
signature(s) on the instrument the person(s), or entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal NatsPl Public - Caliimia
(This area for
official notary seal)
Title or Type of Document
Date of No. of Pages
Signer(s) other than named above
Document