HomeMy WebLinkAboutMS 04-04; Franz-Loker LLC; 2005-1054375; Hold Harmless Agreement/ReleaseDGC# 2005-1054375
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
DEC 07, 2005 3:48 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY J. SMITH, COUNTY RECORDER
FEES: 000
PAGES: 3
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.: 209-081-01
PROJECT NO. & NAME: MS 04-04 (SDP 04-01)
Loker Business Center
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City's approval of a drainage plan (DWG 428-7A) for
development to occur on property described as Lot 1 of Carlsbad Tract 74-21 according to Map
thereof No. 10372, I/We, Franz-Loker, LLC, a California 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
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
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Hi/Development Services/Masters/Bonds & Agreeemnts/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 ^U(if , 20 65 .
PROPERTY OWNERS
Franz-Loker, LLC, a California limited liability company
By:
(SigfyHere)
£
Patrick N. O'Day, Member
(Print Name and Title)
Date:
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
ity Attorry
2
H:/Development Services/Masters/Bonds & Agreeemnts/Hold Harmless Agreement Drainage Rev. 12/08/98
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
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Name(l) of Signer(s)
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evidence
to be the person^)" whose name(^ is/ara-
• acknowledged to me that he/sho/thcy executed
; the same in his/hor/thoif authorized
capacity(iesj^ and that by his/hor/thoir
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WITNESS my hand and official seal.
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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 Date:
Sianer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Sianer's Name:
D Individual
D Corporate Officer — Title(s):
D Partner — D Limited D General
D Attorney-in-Fact
D Trustee
D Guardian or Conservator
D Other:
Sianer Is Representina:
Number of Pages:
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