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HomeMy WebLinkAboutMS 12-05; Benjamin, Mark; 2013-0623947; Hold Harmless Agreement/ReleaseRECORDING 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 DOCtt 2013-0623947 lllll llilllll illllllllllllillllllllllliilll OCT 17, 2013 11:28 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernesl J. Dronenburg, Jr., COUNTY RECORDER FEES: 0.00 PAGES: 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE 203-054-07 ASSESSOR'S PARCEL NO. PROJECTID PROJECT NAME RELATED PROJECT ID: MS 12-05 Railyard Lofts HOLD HARMLESS AGREEMENT DRAINAGE In considerafion of the City's approval of a drainage plan(s) (DWG 478-7A) for development to occur on property more particulariy described as (see attached. Exhibit "A") I/We, Mark Benjamin, the owner(s) of said property, promise to indemnify and to hold the City of Carisbad, 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, construcfion or maintenance of the drainage system or other improvements idenfified in the approved plans. Approval of the plans by the City shall not consfitute 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 construcfion 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 occurring during the construction work or improvements as specified in this agreement. 1 Q:\CED\LandDev\PROJECTS\MS\MS 12\MS 12-05 Railyard Lofts - WickhamVB & A\MS 12-05 - DWG 478-7A HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 It is further agreed that the above owner(s) will maintain all drainage systems to insure a free fiow 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. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// 2 C:\Documents and Settings\rjone\Desktop\MS 12-05 - DWG 478-7A HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this day of OWNER(S) Mark Beniamin. Owner, A Sinale Man By: m Mark Benjamin, Owner, A Single Man Date: By: _ (Print Name and Title) (Sign Here) APPROVED AS TO FORM: CELIA BREWER City Attorney Date: (Print Name and Title) RON KEMP Assistant 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. OthenA/ise, 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.) C:\Documents and Settings\rjone\Desktop\MS 12-05 - DWG 478-7A HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California OIIM County On 1 before me personally appeared • lifalthM^ k\(iUfH Ac V 1 Here Insert Narjie £md Title of the Officer Name(s) of Slgner(s) LISA TIBBELS y COMM. # 1919990 S fcSNOTARY PUBUC - CAUFORNIA^ SAN DIEGO COUNTY U ^^^COm. EXPIRES JAN. 2, 2015 , V^^Tv;* tv'-V/^V/' 'v'^V V V \ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/a*©'subscribed to tho within instrument and acknowledged to me that he/she/they executed the same in his/het/their authorized capacity(ies), and that by his/hm/ttieir signature(s) cn 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. Place Notary Seal Above WITNESS Signatun OPTIONAL al seal. 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: • Individual • • • • • • Other:. Corporate Officer — Title(s): Partner — • Limited • General Attorney in Fact Trustee Guardian or Conservator RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer Is Representing:. 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 ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder; Call Toll-Free 1 -800^76-6827 C:\Documents and Settings\rjone\Desktop\MS 12-05 - DWG 478-7A HOLD HARMLESS AGREEMENT DRAINAGE doc EXHIBIT "A" THE SOUTHERLY 51 FEET OF LOT 6 OF SEASIDE LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL MAP THEREOF NO. 1722, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 28, 1921; THE NORTHERLY LINE OF SAID SOUTHERLY 51 FEET BEING PARALLEL WITH THE DIVIDING LINE BETWEEN LOTS 5 AND 6 IN SAID SEASIDE LANDS. SEAN C. EJJIGLERT, L.S. 7959 DATE 1 of]