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HomeMy WebLinkAboutMS 03-09; Faraday Spectrum LLC; 2005-0624278; Hold Harmless Agreement/ReleaseDOC # 2005-0624278 RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 I llllllll Ill 111ll11111 lllli 11111 11111 11111 111ll111ll1111111111 Ill1 Ill1 JUL 25,2005 9:lO AM OFFICIAL RE CURDS Spfl DlEGU COUNTY HECUHDEH'S UFFICE GREGDP,'{J SMITH COIJNT'i' RECORClER FEE'S 0 00 PALES 3 I111111 Ill11 illl Yllllllll Ylli Ylll Ill11 Ylll lllll11111 Plll lllll Wlll Ill1 1111 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 21 2-1 20-34-00 PROJECT NO. & NAME: MS 03-09 Carlsbad Research Center Faradav SDectrum. 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, Faraday Spectrum, LLC, a California limited liability company, the owners of parcels 3 & 4 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 H:lDevelopment SeNlCes/MaSlerSlBOndS & Agreeernnls/Hold Harmless Agreement Drainage Rev. 12/08/98 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 day of ,20 05. limited liabilitv comDanv Date: 4.fLCF 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 - ksktmt City Atttrney By: 2 H:IDevelopmsnt ServicedMastersIBonds 8 AgreeernnWHold Harmless Agreement Drainage Rev. 12/08/98 State of California ) ) County of San Diego 1 Ll,L , ' (dam4 Title of Officer) On Jbg-,'j /1. M.3 before me, cf I n ate) personally appeared eww (Name[s] of Signer[s]) donally known to me -OR - 0 (proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) @re subscribed to the within instrument and acknowledged to me thawshelthey executed the same in his/her/their authorized capacity(ies), and that by @her/their signature@) on the instrument the person@), or entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal (This area for official notary seal) Title or Type of Document Date of Document Signer(s) other than named above No. of Pages 3 I H:/Development SerViceS/MasterS/BOnds & AgreeemnWHold Harmless Agreement Drainage Rev. 12/08/98