HomeMy WebLinkAboutMS 06-13; Moderna Del Mar LLC; 2009-0247692; Hold Harmless Agreement/ReleaseDOC# 2009-0247692
RECORDING IS REQUESTED
FOR THE BENEFIT OF THE CITY
OF CARLSBAD
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
MAY 11, 2009 4:08 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
DAVID L BUTLER, COUNTY RECORDER
FEES: 0.00
PAGES:
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.: 213-120-02
PROJECT ID: MS 06-13
PROJECT NAME: Bressi Ranch Lot 16
RELATED PROJECT ID:
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City's approval of a drainage plan(s) (DWG 440-3A) for
development to occur on property more particularly described as Lot 16 of Carlsbad Tract CT
02-15 of Map No. 14960, I/We, Moderna Del Mar, 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
H:\Development Servioes\PROJECTS\MS FILES\MS 06\MS 06-13 Bressi Lot 16 - WickharrABonds and AgreementsUHOLD HARMLESS AGREEMENT DRAINAGE(DWG 440-
3A).doc
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 Z^^
day of /(X/^-f- 20 d $.
OWNER(S)
Moderna Del Mar, LLC, a California limited liability company
(Sign Here
Barry Mahlberg, Managing Member
Date:
By: _
(Print Name and Title)
(Sign Mere)
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
Date:
(Print Name and Title)
)eputy City Attorne
(Proper notarial acknowledgment of execution by owner(s) must be attached)
(Chairman of the Board, President, or any Vice-President and secretary, any assistant secretary,
the Chief Financial Officer, or any assistant treasurer must sign for corporations. If only one officer
signs, the corporation must attach a resolution certified by the secretary or assistant secretary
under corporate seal empowering that officer to bind the corporation.)
H:\Development Services\PROJECTS\MS FILES\MS 06\MS 06-13 Bressi Lot 16 - Wickham\Bonds and Agreements\HOLD HARMLESS AGREEMENT DRAINAGE(DWG 440-
3A).doc
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of dCLvl
On (AJJiCMJfiuA IX12£OBbefore me,
personally appeared
Here Insert N
.
ame and Title of the
;s) of Slgner(s)
SUSAN FOMNA
Commkiton* 1523262
Notary Pubic-Ccflfomta
Son Dtogo County
who proved to me on the basis of satisfactory evidence to
be the personfe)- whose name^e) is/ace subscribed to the
within instrument and acknowledged to me that
he/che/thay executed the same in his/he rfthoir authorized
capacity(tee)-, and that by his/hentheir signature^)-on the
instrument the person^, or the entity upon behalf of
which the person^ acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Place Notary Seal Above
Signature
OPTIONAL -
Signature of Notary Public
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:Number of Pages:.
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer'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: '.
RIGHTTHUMBPRINT
OF SIGNER
Top of thumb here
Signer Is Representing:.
Signer'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:
Signer Is Representing:.
RIGHTTHUMBPRINT
OF SIGNER
Top of thumb here
O2007Natk3nalNotaryAssociation-9350DeSotoAve.,P.O,Box2402-Chatsworlh,CA 91313-2402 •www.NatfonalNotary.org ltem#5907 Reorder Call Toll-Free 1-800-876-6827
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03/13/2008