HomeMy WebLinkAboutMS 08-02; SAN DIEGO DESIGN AND DEVELOPMENT SERVICES, LLC; 2011-0211194; Hold Harmless Agreement/ReleaseDQCtt 2011-0211194
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
APR 22, 2011 1:05 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
Ernest J. Dionenburg, Jr., COUNTY RECORDER
FEES: 0.00
PAGES:
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.: 215-070-39
PROJECT ID: MS 08-02
PROJECT NAME: Rhoades Property
RELATED PROJECT ID:
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City's approval of a drainage plan(s) (DWG 469-2A) for
development to occur on property more particularly described as PARCEL 1 OF PARCEL MAP
19411, I/We, San Diego Design and Development Services, 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
1
H:\Development Services\PROJECTS\MS FILES\MS 08\MS 08-02 Rhoades Minor Sub. - WickharrAB & A\HOLD HARMLESS AGREEMENT DRAINAGE (DWG 469-2A).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 $
day of /^h , 20 // .
OWNER(S)
San Diego Desjgn^and Development Services, LLC, a
California lir
By:
(Sign Here)
Joseph Esposito, Manager
(Print Name and Title)
Date:
By:
(Sign Here)
(Print Name and Title)
Date:
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
Deputy City Attorney
(Proper notarial acknowledgment of execution by owner(s) 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.)
H:\Development Services\PROJECTS\MS FILES\MS 08\MS 08-02 Rhoades Minor Sub. - WickharrAB & A\HOLD HARMLESS AGREEMENT DRAINAGE (DWG 469-2AJ.doc
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
c
County of j
On
Date
personally appeared
J.'M! CUNNINGHAM^
COMM. #1740826 m
Notary Public California £
SAN DIEGO COUNTY -*
My Comrn. Exp. May IS, 2011 |
Place Notary Seal Above
who proved to me on the basis of satisfactory evidence to
be the person^) whose name^j is/are subscribed to the
within instrument and acknowledged to, me that
he/sfieViey/executed the same in his/h/sif/frjelr authorized
capacityfijes), and that by his/herAl^eir signature^ on the
instrument the persontej, or the entity uporr behalf of
which the person(s) acled, 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
Signature
OPTIONAL
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
Title or Type of Document:
Document Date: i
ument
/X^VC/7?
i T~
Signer(s) Other Than Named Above:
. Number of Pages:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
D Individual
D Corporate Officer — Title(s):
D Partner — D Limited D General
C Attorney in Fact
D Trustee
D Guardian or Conservator
D Other:
Signer Is Representing:
RIGHTTHUMBPRINTOf SIGNER
Top of thumb here
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
a Other:
Signer Is Representing:.
RIGHTTHUMBPRINT
OF SIGNER
Top of thumb here
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