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Home My WebLink AboutRP 02-26; Palenscar, James & Karen; 2003-0760019; Hold Harmless Agreement/ReleaseDOC # 2003-0760019 RECORDING REQUESTED BY WHEN RECORDED MAILTO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 JUN 26s 2003 4~09 PM OFFICIEY RECORDS W DIEGO CaJNTY REURDER'S OFFICE c;awWrr J. SHITHr CWNTy RECORDER FEES: 0.00 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: PROJECT NO. & NAME: 203 054 24 RP 02-26 CARLSBAD ANIMAL HOSPITAL 2739 STATE ST HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a building permit (CB 02-1 856) for development to occur on property located at 2739 State Street. We, Palenscar Family Trust and Mark T. and Lauren A. Myers Family Trust, 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 occurring during the construction work or improvements as specified in this agreement. 1 H:/Development Setvices/Masterr/Bonds & AgreeermtsMold Harmless Mreement Drainage Rev. 12/08/98 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 23 day of PROPERTY OWNERS (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: it, /c - P-f/k'w?/LP &B&au&City Attorney 2 I H:IDevelopmnt Services/Masters/Bonds & AgreeemntSntold Harmless Agreement Drainage Rev. 12/08/98 *. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California } SS. County of 50 Di 4co Name and Title of Officer (e g , Jane Doe, Notary Public') , before me,Shaul Dat Name(s) of Signer($ SHANNON WAJKlNS ComrnIDion ## 1225168 San Olego County Notary Public - Califanla f I 0 personally known to me evidence <proved to me on the basis of satisfactory to be the personfsr whose narrw@~/a+e subscribed to the within instrument and acknowledged to m the same in capacity- and that by &hA+ber signaturewn the instrument the persow, or the entity upon behalf of which the persow acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above I Signature of Notary Public 3 0 PTlO NA L 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@) Other Than Named Above: Capacity(ies) Claimed by Signer 0 Individual 0 Corporate Officer - Title(s): 0 Partner - 0 Limited 0 General 0 Trustee 0 Guardian or Conservator 1 0 Attorney in Fact Signer Is Representing: 0 1999 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 Chatswwth. CA 9131 3-2402 - www.na1ionalnotaryorg Prod. No 5907 Reorder: Call Toll-Free 1-800-876-6827 . CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of } ss. ame and Title of Officer (e g , "Jane Doe Notary Putflic') "rrcrzcr 83; , before me, ~~hhnnrn, Daie personall; appeared %&fen K/eifl +dm%u Name(?.) of Signer(?.) Place Notary Seal Above 0 personally known to me yproved to me on the basis of satisfactory evidence to be the person@+' whose name&afe subscribed to the within instrument and acknowledged to me th the same in capacitym and that by -ht&&heir signature(- the instrument the personwor the entity upon behalf of which the personXsj acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary Public OPT10 NA L 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 Signer's Name: ~ 0 Individual 0 Corporate Officer - Title(s): 0 Partner - 0 Limited 0 General 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: u 0 1999 National Notary ASSociatwn - 9350 De Soto Ave , P 0 Box 2402 - Chatsworlh CA 91313-2402 - www nabonalnotary org Prod No 5907 Heorder CallToll-Free 14004764W7 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907 State of Countyof SW b~-l.-.-~ On ihI \y- xqX,2aJT before me, personally appeared NAME, TITLE OF OFFICER. E GI "JANE DOE, NOTARY PUBLIC" DATE I tf r-aecs I r+FKThD~ NAME(S) OF SIGNER(S) _, 2- pproved to me on the basis of satisfactory evidence to be the personm whose name(4 ish subscribed to the within instrument and ac- knowledged to me that heikW#ey executed the same in his/kerfth.err ' authorized capacity&s), and that by hislhPrlthnj r signature(@ on the instrument the person(% or the entity upon behalf of which the personMacted, executed the instrument. r y hand and official seal. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY C LA1 M E D BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT u INDIVIDUAL 0 CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) PARTNER(S) 0 LIMITED 0 GENERAL - U ATTORNEY-IN-FACT NUMBER OF PAGES TRUSTEE(S) 0 GUARDIAN/CONSERVATOR 0 OTHER: S\ZZ\Q3 DATE ?IF DOCU~ENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - 8236 Rernrnet Ave., P.O. Box 7184.Canoga Park, CA 91309-7184 . CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No 5907 personally appeared or the entity upon behalf of which the person(s) acted, executed the instrument. OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF AllACHED DOCUMENT 0 INDIVIDUAL 0 CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE@) 0 PARTNER(S) 0 LIMITED ATTORNEY-IN-FACT 0 TRUSTEEW 0 GENERAL NUMBER OF PAGES .. 0 GUARDIAN/CONSERVATOR OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTIP/(IES) SIGNER(S) OTHER THAN NAMED ABOVE 01 993 NATIONAL NOTARY ASSOCIATION 8236 Remmet Ave., P.O. Box 71 84 Canoga Park, CA 91 309-71 84