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HomeMy WebLinkAboutPD 14-01; San Dieguito Union High School District; 2015-0125209; 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 DOC# 2015-0125209 Mar 18, 2015 04:23 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $2.00 SPACE ABOVE THIS LINE FOR RECORDER'S USE 255-273-08-00 ASSESSOR'S PARCEL NO. PROJECT ID PROJECT NAME RELATED PROJECT ID: PD 14-01 La Costa Valley Middle School (SDUHS La Costa Valley School Site) HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan(s) (DWG 481-7A) for development to occur on property more particularly described as (see attached. Exhibit "A"), I/We, San Dieguito Union High School District, the owners 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, 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 \\FILES01V\Departments\CED\landDev\PROJECTS\PD\PD 14\PD 14-01 La costa Valley Middle School - Rick\Bonds and Agreements\HOLD HARMLESS AGREEMENT DRAINAGE (DWG 481-7A).doc 01/25/13 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. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// III III 2 WFILESOI V\Departments\CED\LandDev\PROJECTS\PD\PD 14\PD 14-01 La costa Valley Middle School - Riok\Bonds and Agreements\HOLD HARMLESS AGREEMENT DRAINAGE (DWG 481-7A).doc 01/25/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this iH - day of Ftb^ui^r^ , 20 15 . OWNER(S) San Dieguito Union High School District, a California School District APPROVED AS TO FORM: CELIA BREWER City Attorney By: Mi ^ RON KEMP V Assistant City Attorney By: (Sign Here) Eric Dill, Associate Superintendent of Business Services (Print Name and Title) Date: By: _ (Sign Here) (Print Name and Title) Date: (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.) \\FILES01V\Depaitments\CED\LandDev\PROJECTS\PD\PD 14\PD 14-01 La costa Valley Middle School - Rick\Bonds and Agreements\HOLD HARMLESS AGREEMENT DRAINAGE (DWG 481-7A).doc 01/25/13 EXHIBIT A LEGAL DESCRIPTION LOT 483 OF CARLSBAD TRACT NO. 88-03-2, ARROYO LA COSTA, UNIT 2, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFOKNIA, ACCORDING TO MA? THEREOF NO. 13386. FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 20,1996. END OF LEGAL DESCRIPTION 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 'j^tN ^'\£ On Ye-bcoafv before me, \ of\pnoe (i M*^ Ga.\e.y, Hoht\, l^ub U tl Dafe Here Insert Name and Title of the Officer personally appeared Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the persori(^-whose name(8)' is/are- subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/het/theif authorized capacity(le^, and that by his/hor/thoir signature(^on the instrument the person^, or the entity upon behalf of which the person(5jp'acted, executed the instrument. LUCIENNE C. MCCAULEY Commission # 1926718 Notary Public - California \;3gmm^ San Diago County ^ My Comm. Expiras Mar 25.20151 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 0 lncCr.J2^ 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 a ''"^^'i^ Title or Type of Document: Ho\c\ crv\ f si> Pl^ctic- Document Date: Number of Pages: 3 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: • Corporate Officer — Title(s): • Partner — • Limited • General • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: Signer's Name: • 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