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HomeMy WebLinkAboutMS 15-06; Bressi Industrial, LLC; 2015-0549375; Hold Harmless Agreement/ReleaseDOC# 2015-0549375 RECORDING IS REQUESTED llliililllllillllilllllilliillllllliil FOR THE BENEFIT OF THE CITY Oct 21, 2015 08:37 AM OF CARLSBAD OFFICIAL RECORDS Ernest J. Dronenburg, Jr., WHEN RECORDED MAILTO: SAN DIEGO COUNTY RECORDER FEES: $0.00 City Clerk PAGES: 5 CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 SPACE ABOVE THIS LINE FOR RECORDER'S USE 213-261-16 ASSESSOR'S PARCEL NO. PROJECT ID PROJECT NAME RELATED PROJECT ID: MS 15-06 Shea Industrial HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan(s) (DWG 487-8A) for development to occur on property more particulariy described as (see attached, Exhibit "A"), I/We, Bressi Industrial, LLC, the owners of said property, promise to indemnify and to hold the City of Cartsbad, 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 occurring during the construction work or improvements as specified in this agreement. 1 WFILESOIV\Departments\CED\LandDev\PROJECTS\MS\MS 15\MS 15-06 Shea Industrial Bressi Ranch - Bobbett\Bonds and Agreements\HOLD HARMLESS AGREEMENT DRAINAGEdoc 01/25/13 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. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// WFILES01V\Departments\CED\LandDev\PROJECTS\MS\MS 15\MS 15-06 Shea Industrial Bressi Ranch - Bobbett\Bonds and Agreements\HOLD HARMLESS AGREEMENT DRAINAGEdoc 01/25/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this day of (9r4W , 20_LC-. OWNER(S) BRESSI INDUSTRIAL, LLC, a California limited liability corporation By: (Sign Here) MC(U /^/^^t^et^ Vice Praic/crrf Steve CohgfenockGr, Adsiotont Socrotary,'' Bressi Industrial, LLC "7 (Print Name and Titie) Date: r\ By: 1 1 t (Sign Here) Jeff Cunningham, Assistant Secretary, Bressi Industrial, LLC Date: (Print Name and Titie) APPROVED AS TO FORM: CELIA BREWER City Attorney ^tTTK oF CAB.L^B>AP 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. Othenwise, the corporation must attach a resolution certifled by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.) WFILESOI V\Depar1ments\CED\LandDev\PR0JECTS\MS\MS 15\MS 15-06 Shea Industrial Bressi Ranch - Bobbett\Bonds and Agreements\HOLD HARMLESS AGREEMENT DRAINAGEdoc 01/25/13 EXHIBIT "A" LOTS 19 THROUGH 22 OF CARLSBAD TRACT NO. CT 02-15 BRESSI RANCH, IN THE QTY OF CARLSBAD, COUNTY OFSAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 14960, FILED IN THE OFRCE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 4, 2005, AND AS AMENDED BY THE CERTIRCATE OF CORRECnON RECORDED MAROH1, 2007 AS INSTRUMENT NO. 2007-0140625 OF OFFICIAL RECORDS. THIS LEGAL IS MADE PURSUANT TO THAT CERTAIN CERTIFICATE OF COMPLIANCE RECORDED SEPTEMBER 21, 2007 AS INSTRUMENT NO. 2007-0618922 OF OFRCIAL RECORDS. TOGETHER WITH THAT PORTION OF SAID U\ND VACATED BY RESOLUTION NO. 2007-211 RECORDED AUGUST 09,2007 AS INSTRUMENT NO. 2007-0532404. OF OFFICIAL RECORDS. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE §1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of On nty of Qlram/j^ before me Dafe personally appeared L on 7^ Name(s) of Signer(s) Title of ths/Officer who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)^are subscribed to the within instrument and acknowledged to me that Wshe/they executed the same in iiis/heiytheir authorized capaclty(ies), and that by bie/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 AMANDA fWSE KEAOY CoflMniS8ion# 2111810 Nolary PuMc • CaMomia i OrangaCoimly g 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. Signature /^^^-tA^gcs^ .Z^^ Signature of Notary Public^ Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signer's Name: Document Date: I Corporate Officer — Title(s): • Partner — • Limited • General • Individual • Attorney in Fact U] Trustee • Guardian or Conservator • Other: Signer Is Representing: Signer's Name: n Corporate Officer — Title(s): • Partner — • Limited • General • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: ©2014 National Notary Association • www.NationalNotary.org • 1 -800-US NOTARY (1 -800-876-6827) Item #5907