HomeMy WebLinkAboutPIP 09-02; BMR-GAZELLE COURT LLC; 2010-0369178; Hold Harmless Agreement/ReleaseDOCtt 2010-0369178
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
JUL22,2010 2:52 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
DAVID L BUTLER, COUNTY RECORDER
FEES: 0.00
PAGES:5
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.: 209-120-11 &17
PROJECT ID: PIP 09-02
PROJECT NAME: Isis Pharmaceuticals
RELATED PROJECT ID:
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City's approval of a drainage plan(s) (DWG 467-4) for
development to occur on property more particularly described as PARCEL "A" OF
ADJUSTMENT PLAT ADJ. 09-05 PER CERTIFICATE OF COMPLIANCE CE 09-14 IN THE
CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA RECORDED IN
THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JANUARY 19,
2010 AS DOCUMENT NO. 2010-0024854 OF OFFICIAL RECORDS, I/We, BMR-Gazelle Court
LLC, 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
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H:\Development Services\PROJECTS\PIP FILES\PIP 09\PIP 09-02 ISIS Pharmaceuticals - Wickham\B & A\HOLD HARMLESS AGREEMENT DRAINAGE(DWG 467-4j.doc
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.
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 J ^i , 20 K' .
LC
(Sign Herey
Jdjhn P. Bonanno, Vice President, Development
(Print Name and Title)
Date:
By:
(Sign Here)
^ p.
(Print Name and Title)
Date:
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
By:
neyDeputy City Attorney
(Proper notarial acknowledgment of execution by owner(s) must be attached)
H:\Development Services\PROJECTS\PIP FILES\PIP 09\PIP 09-02 ISIS Pharmaceuticals - Wlckham\B & A\HOLD HARMLESS AGREEMENT DRAINAGE(DWG 467-4J.doc
(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.)
3
H:\Development Services\PROJECTS\PIP FILES\PIP 09\PIP 09-02 ISIS Pharmaceuticals - Wickham\B & A\HOLD HARMLESS AGREEMENT DRAINAGE(DWG 467-4j.doc
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of OCt C\
On
Date
personally appeared
Name(s) ol Signers)
CHRISTY D. BARTLETT
Commission # 1884573
Notiry Public - California
San Diego County
Comm. Expires Mar 29.
who proved to me on the basis of satisfactory evidence to
be the persoTn(s) whose name(s) js/are subscribed to the
within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized
•ggpacity(ies), and that by hjg/her/thelr signature(s) on the
insTrument the _gejsfln(5), 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
F-laca Notary Seal Above Signature
OPTIONAL -
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 Qocument:
Document Date:. Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signers)
Signer's Name: __
D Individual
D
D
C
D
n
D
Corporate Officer — Title(s):
Partner — D Limited D General
Attorney in Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing:
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 d thumb here
C2007 National Noary A:ssooalioo«93SO D»So» A«.. PO.Bnc240e»Chat»«»orth,CA 91313-2402-www.NattooalNottry.org IMm DS907 Reorder Can ToMHM 1-800-8764827
STATE OF CALIFORNIA
COUNTY OF
ALL PURPOSE ACKNOWLEDGMENT
ss.
On 3UM */ . 2010, before me,
Public in and for said County and State, personally appeared
a Notary
who proved to me on the basis of satisfactory
evidence to be the person(s) whose Qajme(s)
i§/are subscribed to tfie~witnin instrument and
acknowledged to me that jie/she/they executed
the same in his/her/their authorized capacity(ies),
and that by his/her/their sjgnature(s) oh the
instrument the BgiSDJi(s), orthTentity 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
WITNES
Signature.
FOR NOTARY SEAL OR STAMP
CHRISTY D, BARTLETT |
CommiMlon * 1884573 I
Notary Public - Calitornia z
San Diego County g
My Comm. Expires Mar 29.20141