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HomeMy WebLinkAboutPIP 04-03; Rio San Diego Plaza II Master LLC; 2009-0314437; Hold Harmless Agreement/ReleaseRECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 3P MF DGC# 2009-0314437 JUN10,2009 11:01 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE DAVID L. BUTLER. COUNTY RECORDER FEES: 0.00 PAGES: SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 212-020-23 PROJECT NO. & NAME: PIP 04-03 Ventana Real Lot 2 HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 440-7A) for development to occur on property described as Lot 2 of CT 00-20 per Map No. 15253 filed 1/30/06, according to Map thereof No. APN 212-020-23 , I/We, Rio San Diego Plaza II Master, LLC, a 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 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 H:\Development Servioes\PROJECTS\PIP FILES\PIP 04VPIP 04-03 Ventana Real - Levy\Bonds and Agreements\HOLD HARMLESS AGREEMENT DRAINAGE(DWG 440- 7).doc 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 W day of M(U\ 200*1. PROPERTY OWNERS Rio San Diego Plaza II Master, LLC, a limited liability company By:Newport National Corporation, a California Corporation, its manager (Sign "Here) Scott R. Brusseau, President (Print Name and Title) Date: MAM^ 'Mlli (S* Jeffrey A. Brusseau, Secretary (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 By:_ eputy City Attorney 2 H:\Development Services\PROJECTS\PIP FILES\PIP 04\PIP 04-03 Ventana Real - Levy\Bonds and Agreements\HOLD HARMLESS AGREEMENT DRAINAGE(DWG 440- 7).doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of jLK_T)'\£ao personally appeared WHITNEVE.VICKBIS Commission # 1690640 Notary Public - CoWomta Son Dtego County MyComm. Expires Aug 29,2010 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) -tetere subscribed to the within instrument and acknowledged to me that he/she/they executed the same in Ms/hetfheir authorized capactty(ies), and that by his/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 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand Place Notary Seal Above 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: Document Date:. Number of Pages:. Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) 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:. 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: RIGHTTHUMBPRINT OF SIGNER Top of thumb here ia&EB&gaijaijai&jgi^^ ©20WNattonalNotaryAssoda1ion'93SODeSotoAve,P.O.Box2402«aiats«iorth,CA 91313-2402«www.NatlonalNotaryorg ltem#S907 Reorder:CallToH-Fffle 1-800-876-6827