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Home My WebLink AboutPDP 05-01; Leucadia Wastewater District; 2008-0164689; Hold Harmless Agreement/ReleaseDQC# 2008-0164689 MF RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 MAR 28, 2008 11:05 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH, COUNTY RECORDER FEES: 0.00 PAGES: SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 213-124-22-00 PROJECT NO. & NAME: POP 05-01 Leucadia Wastewater District HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 452-4A) for development to occur on property described as Portions of Lot 9, Section 35, Township 12 South, Range 4 West, San Bernardino Meridian, according to Map thereof, I/We, Leucadia Wastewater District, a Political Subdivision, 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. However, Applicant shall have no obligation to indemnify from a claim caused by the willful misconduct of an indemnified party. 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 H:\Development Services\PROJECTS\PDP\PDP 05-01 Leucadia Wastewater District Site Plan - Jimeno\Bonds and AgreemenftHOLD HARMLESS AGREEMENT DRAINAGE.doc 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 20th day Of December 20 07 PROPERTY OWNERS LEUCADIA WASTEWATER DISTRICT, a Political Subdivision By: u v u x (Sign'Here) Paul J. Bushee, General Manager (Print Name and Title) Date: December 20, 2007 By: (Sign Here) (Print Name and Title) Date: (Proper notarial acknowledgment of execution by SUBDIVIDER 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.) APPROVED AS TO FORM: RONALD R. BALL City Attorney Deputy City Attorney 2 H:\Development Services\PROJECTS\PDP\PDP 05-01 Leucadia Wastewater District Site Plan - Jimeno\Bonds and AgreementtHOLD HARMLESS AGREEMENT DRAINAGE.doc State of California ) ) County of San Diego ) on [A|ao|aocry before me, IT ' (Date) M \rancK Mfrkru Public (Name, Title of Officer) personally appeared rOad J. (Name[s] of Signer[s]) t j^ personally known to me -OR - n (proved to me on the basis of satisfactory evidence) to be the person^ whose is/a/e subscribed to the within instrument and acknowledged to me that he/s,He/tb4y executed the same in his/hier/tb'eir authorized capacity(ie/s), and that by his/her/th^ir signature^) on the instrument the person^), or entity upon behalf of which the person(s^ acted, executed the instrument. WITNESS my hand and official seal Signature of Notary Notary feMc fan OMoo County 1 (This area for official notary seal) Title or Type of Document HoU I?wwk55 fttjJTe^mmt PfCUn#tf£ Date of Document Dc/^wbfiT $£i #-Ob~ Signer(s) other than named above j^or / No. of Pages $_ \a\d ^- &O.U H:\Development Services\PROJECTS\PDP\PDP 05-01 Leucadia Wastewater District Site Plan - Jimeno\Bonds and Agreement\HOLD HARMLESS AGREEMENT DRAINAGE.doc GOVERNMENT CODE 27361.7 I CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS: Name of the Notary: Trisha Miranda Commission Number: 1768720 Date Commission Expires: September 18. 2011 County Where Bond is Filed: San Diego Manufacturer or Vendor Number: NNA1 (Located on both sides of the notary seal border) Signature: 7 City of Carlsbad Place of Execution: Office of the City Clerk/City of Carlsbad Date: 3/25/08 Rec. Form #R10 (Rev.7/96)