HomeMy WebLinkAboutRP 10-46; Bureck Capital LLC; 2012-0232524; Hold Harmless Agreement/ReleaseDOC I 20120232524
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RECORDING 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
APR 20, 2012 11:48 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
ErneslJ. Dronenburg, Jr., COUNTY RECORDER
FEES: 0.00
PAGES:
SPACE ABOVE THIS LINE FOR RECORDER'S USE
203-354-16-00 ASSESSOR'S PARCEL NO.
PROJECT ID
PROJECT NAME
RP 10-46
SEASIDE VILLAGE CORNER
RELATED PROJECT ID: CDP 10-32/CB 11-1830
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City's approval of a building plan(s) (CBl 1-1830) for development
to occur on property more particulariy described in attached Exhibit "A", t/We, Bureck Capital,
LLC, a California limited liability company, 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
occurring during the construction work or improvements as specified in this agreement.
Q:\CED\LandDev\PROJECTS\RP\RP 10\RP 10-46 880 Carlsbad Village Drive Mixed-Use - WickhamVB & A\HOLD HARMLESS AGREEMENT DRAINAGE rev 1-28-08_RP10-
46.doc
tt is further agreed that the above owner(s) witl maintain atl drainage systems to insure a
free flow to a satisfactory point of discharge unless said systems are accepted as public
facilities.
tt 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 2Z.
day of _JME^di . 20_V2^.
OWNER(S)
BURECK CAPITAL, LLC. a California limited liabilitv
company
By:
^(Sign Here)
>PeCiL^ rY\f^N/r(2i iNOn ?A-CTNQ^
(Print Name and Title)
Date:
By: _
(Sign Here)
(Print Name and Title)
Date:
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
Deputy City Attortjey
(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. OthenA/ise, 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.)
O:\CED\LandDev\PR0JECTS\RP\RP 10\RP 10-46 880 Carlsbad Village Drive Mixed-Use - Wickham\B & A\HOLD HARMLESS AGREEMENT DRAINAGE rev 1-28-08_RP10-
46.doc
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of Catifornia
County of TjfP^ }
On i>^0^. before me.
Date Here Insert Name and Titleof the Offloer T
personally appeared QX\OJc\^ S>. ^ispecX-
Name(s) of Slgner(s)
f ^^^K^lTiistine GonzaWzl
Commission #1801318 <
Notary Public - California^
^ San Diego County -t^
I^My Conimission^Exp. June 12, 2 |
Place Notary Seal Above
who proved to me on the basis of satisfactory evidence to
be the person(i^ whose name(§) Is/aFe-subscribed to the
within instrument and acknowledged to me that
he/sbe/£they executed the same in his/l^tefystherr authorized
capac'ity(iie6), and that t}y his/i'ief^thetr signature(is) on the
instrument the person(si or the entity upon behaif of
which the person(si acted, executed the instrument.
t 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
OPTIONAL-
Signature of N(
Though the inforrnation below Is not required by law, it may prove valuable to persons relying on fffe 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:
Signer(s) Other Than Named Above:
Capacity(ie8) Claimed by Signer(s)
Number of Pages:
Signer's Name:
• Individuai
• Corporate Officer —Title(s):
• Partner— • Limited • General
• Attorney In Fact
• Trustee
• Guardian or Conservator
• Other:
Signer is Representing:
RIGHTTHUMBPRINT
OF SIGNER
Top of thumb here
Signer's Name:
• individuai
• Corporate Officer — Title(s):
• Partner — • Limited • General
• Attorney In Fact
• Trustee
• Guardian or Conservator
• Other: ,
Signer Is Representing:
RIGHT THUI^JIBPRINT
OF SIGNER
Top of thumb here
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EXHIBIT "A"
PROPERTY DESCRIPTION
LOTS 29, 30, 31 AND 32, IN BLOCK 56 OF AMENDED MAP OF THE TOWN OF CARLSBAD,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO.
775, FILED IN THE OFFiCE OF THE COUNTY RECORDER OF SAN DiEGO COUNTY,
FEBRUARY 15, 1894.
EXCEPTING FROM SAID LOT 32, THAT PORTION THEREOF CONVEYED TO THE CITY OF
CARLSBAD BY DEEDS RECORDED OCTOBER 2, 1990 AS FILE NOS. 90-538340 AND
90-538341 BOTH OF OFFICIAL RECORDS OF SAID SAN DiEGO COUNTY.
APN: 203-354-16-00
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46.doc