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Home My WebLink AboutMS 04-15; Garfield Beachwalk LLC; 2006-0658172; Hold Harmless Agreement/ReleaseDOC# 2006-0658172 RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 SEP 15, 2006 9:06 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH, COUNTY RECORDER FEES: 000 PAGES: 4 2006-0658172 5452 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 206-013-21 PROJECT NO. & NAME: MS 04-15 Beachwalk HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 437-5A) for development to occur on property described as (see attached exhibit "A"), according to Map thereof No. 206-013-21, I/We, Garfield Beachwalk LLC, a limited liability 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 H:\Development Services\PROJECTS\MS FILES\MS 04\MS 04-15 Beachwalk - Rick\Bonds and Agreements\HOLD HARMLESS AGREEMENT DRAINAGE(437-5A).doc Rev 12/08/98 5453 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. Q"6\IN WITNESS WHEREOF, the undersigned has executed this instrument this / day of /b&jc/ST , 20J^^.. PROPERTY OWNERS Garfield Beachwalk LLC, a limited liability corporation By: (Sign Here) (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 B, Deputy City Attorney 2 H:\Development Services\PROJECTS\MS FILESVMS 04\MS 04-15 Beachwalk - Rick\Bonds and AgreementsUHOLD HARMLESS AGREEMENT DRAINAGE(437-5A).doc Rev. 12/08/98 5454 State of California PWtJ-sr County of San Diego OnftqflUSVl5.3Mkbefore me, ^(Oate) ' personally appeared £ fl (Name y / , Title of Officer) (Name[s] of Signer[s]) _,. n personally known to me -OR - (proved to me on the basis of satisfactory evidence) to be the person(#f whose £jpa»» subscribed to the within instrument and acknowledged to me that (nepoho/thoy executed the same in (hlsftier/thaiF authorized capacityQes^, and that by {fjjip signaturej^f on the instrument the personfs^" or entity upon behalf of which the acted, executed the instrument. WITNESS my hand and official seal CARRIE A. CARBONE Commteton* 1571085 Notary PuMc - CoUomta Rlwnlcto County My Comm. BqatotApr 19,2009 Signature of Notary (This area for official notary seal) Title or Type of Document MTftlci l4flYfVll<r5S Date of Document Q -C| Signer(s) other than named above No. of Pages ~~ H:\Development Services\PROJECTS\MS FILES\MS 04VMS 04-15 Beachwalk - RicMBonds and Agreements\HOLD HARMLESS AGREEMENT DRAINAGE(437-5A) doc Rev. 12/08/98 4 Exhibit "A" Legal Description Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: ALL OF LOT 13, TOGETHER WITH THE NORTHWESTERLY 10.00 FEET OF LOT 12, BLOCK 1, PALISADES SUBDIVISION, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEROF NO. 1747, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARYS, 1923. APN: 206-013-21-00