HomeMy WebLinkAboutMS 03-09; EQBP-1 LLC; 2005-0624277; Hold Harmless Agreement/ReleaseDOC # 20054824277
RECORDING REQUESTED BY
WHEN RECORDED MAILTO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
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JUL 25,2005 9:lO AM
O FFI C IAL RE CCI ED S SAP4 DIEGO COUNT I' RECORDER 5 OFFICE GREGORY J ShllTH, COUNTY FiECCIKDEE
FEES n un
FAG E S 3
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.: 212-120-34-00
PROJECT NO. & NAME: MS 03-09
Carlsbad Research Center
EQBP-1, LLC
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City's approval of a drainage plan (DWG 425-3A) for
development to occur on property described as parcels 1-4 of Certificate of Compliance (CE 04-
10) for Minor Subdivision No. 03-09. INVe, EQBP-1, LLC, a Delaware limited liability company,
the owners of parcel 1 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.
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It is further agreed that the above owner(s) will maintain all drainage systems to insure a
I free flow to a satisfactory point of discharge unless said systems are accepted as public
I 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 11 d4
day of c, ,20 GC.
PROPERTY OWNERS
EQBP-1, LLC. a Delaware limited liabilitv comrsanv Bv: Eauus Partners I, LLC. a Delaware limited liabilitv
comrsanv Its Manaaer
By: Equus Partners, L.P., a California limited
partnership
Chad M Carpenter, General Partner, Equus Partners LP
(Print Name and Title)
By:
(Sign Here)
(Print Name and Title)
Date:
(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(s)
signing to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL City Attorney
By:
histant Cityhttorney
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State of California )
)
County of San Diego 1
On 4-1 1-0 before me,
(Date)
(Name[s] of Signer[s])
personally appeared m- el4.G-
#
&-personally known to me -OR -
(proved to me on the basis of satisfactory evidence) to be the person(s) whose name@)
idare 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@) on the instrument the person@), or entity upon behalf of which the person@)
acted, executed the instrument.
WITNESS my hand and official seal
V
(This area for
official notary seal)
Title or Type of Document
Date of Document
Signer@) other than named above
No. of Pages
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