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HomeMy WebLinkAboutMS 11-01; Jacinto, Paul and Elizabeth; 2012-0404964; Hold Harmless Agreement/ReleaseNp DOCtt 2012-0404964 RECORDING IS REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD WHEN RECORDED MAILTO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 JUL 12, 2012 10:57 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Emest J. Dronenburg, Jr., COUNTY RECORDER FEES: O.OO PAGES: SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO. PROJECT ID PROJECT NAIVIE 204-191-02-00 iVIS 11-01 Harding Street RELATED PROJECT ID: PD 11 -06 HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a tentative parcel map, MS 11-01, for development to occur on property more particularly described as Lot 5 in Block C in the Resubdivision of a portion of Alles Avocado Acres according to Map thereof No. 2027, we, Paul Jacinto and Elizabeth Jacinto, 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 tentative parcel map; or by the design, construction or maintenance of the drainage system or other improvements identified in the tentative parcel map. Approval of the tentative parcel map 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 tentative parcel map, nor shall any officer or employee thereof be liable or responsible for any accident, loss or damage 1 Q:\CED\LandDev\PROJECTS\MS\MS 11\MS 11-01 3430-3446 Harding Street - Bobbett\B & A\MS 11-01 Final Revised Drainage Hold Harlmess Agreement 040212.doc happening or 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. 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 B ^ day of Afir/'l , 20 12, . OWNER(S) PauLi ar^d €'lg<5Lbc+K Ja<tinto By: (Sign Here) Paul Jacinto, Owner Date: (Print Name and Title) By:^ (Sign Here) Elizabeth Jacinto, Owner Date: (Print Name and Title) APPROVED AS TO FORM: RONALD R. BALL City Attorney Deputy City Attorney \ (Proper notarial acknowledgment of execution by owner(s) must be attached) Q:\CED\LandDev\PROJECTS\MS\MS 11\MS 11-01 3430-3446 Harding Street - BobbettVB & A\MS 11-01 Final Revised Drainage Hold Harlmess Agreement 040212.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of O'P^jirx On before me, Date personally appeared } Here Insert Name and Titte of the Officer \ Name(s) of Signer(s) JANJNE ST LOUIS Commission # 1946576 Notary PubHc - CalHornlt San Diego County Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) 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 pffj^l seal. Signature C OPTIONAL Though the information below is not required by law, it may prove valihMe 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: • Individual • Corporate Officer — Title(s): • Partner —• Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: . RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer's Name: ' • Individual • Corporate Officer — Title(s): __ • Partner — • Limited • G^eral • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing:^ RIGHTTHUIVIBPRINT OFSIGNER Top of thumb h6re ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 'Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder:Call Toll-Fiee 1 -800-876-6827 Q:\CED\LandDev\PROJECTS\MS\MS 11\MS 11-01 3430-3446 Harding Street - Bobbett\B & A\MS 11-01 Final Revised Drainage Hold Harlmess Agreement 040212.doc