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HomeMy WebLinkAboutPD 11-02; LA COSTA BLUFFS LLC; 2011-0603632; Hold Harmless Agreement/ReleaseDOCtt 2011-0603632 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 NOV10,2011 4:01 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 0.00 PAGES: SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 216-300-17,18,19&20 PROJECT ID: PD11-02 PROJECT NAME: La Costa Bluffs RELATED PROJECT ID: HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan(s) (DWG 473-1 A) for development to occur on property more particularly described as Lots 406, 407, 408 and 409 of La Costa Unit No.5 in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 6600 filed in the Office of the County Recorder of San Diego County Recorder of San Diego County, March 10, 1970, I/We, La Costa Bluffs, 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 1 Q:\CED\LandDev\PROJECTS\PD\PD 11 \PD 11 -02 Lots 406-409 La Costa Ave - Bobbett\B & A\HOLD HARMLESS AGREEMENT DRAINAGE (473-1 A).doc 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. 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 OckihbS 20 (( . OWNER(S) La Costa Bluffs, LLC, a California limited liability company By: SJ Asset Management, Inc., a California corporation Its: Manager By: (Sign Here) Salman Rabie, President and Secretary Date: By: (Print Name and Title) (Sign Here) Brian Merritt, Authorized Agent Date: (Print Name .and,Title) *vy%2M*~$* so-"^ ^"T.^' ^~ Ss ^ f V APPROVED AS TO FORM: RONALD R. BALL City Attorney By: }{ Deputy City AttorneV (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.) Q:\CED\LandDev\PROJECTS\PD\PD 11\PD 11 -02 Lots 406-409 La Costa Ave - BobbethB & AMHOLD HARMLESS AGREEMENT DRAINAGE (473-1 AJ.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On Date personally appeared 4 ,<&) ff before me, Here Insert Name and Title of the Officer Name(s) of Signer(s) HERMIE AQUINO { Commission # 1889269 I Notary Public - California I San Diego County My Comm. Expires May 14, 2014 tn-i i i > i iT t , , »»y{ Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s/1§/w:e~subscribed to the within instrument and acknowledged to me that fjg/fcbe/toey executed the same in(jijg)her/their authorized capacity(ies), and that by^ffShor/thoir 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 s^nd official seal. 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: EfpLfr Document Date: (O/4-/(f . Number of Pages:. Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) : fc^'iflWSigner's Name: D Individual S^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: RIGHT THUMBPRINT OF 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 D Other: Signer Is Representing:, RIGHT THUMBPRINT 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 #5307 Reorder:CallToll-Free 1-800-876-6827 Q:\CED\LandDev\PROJECTS\PD\PD 11\PD 11-02 Lots 406-409 La Costa Ave - Bobbett\B & A\HOLD HARMLESS AGREEMENT DRAINAGE (473-1 A).doc