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HomeMy WebLinkAboutRP 12-13; Army Navy Academy; 2013-0033090; Hold Harmless Agreement/ReleaseRECORDING 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 DOCtt 2013-0033090 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIW JAN 16,2013 2:08 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 0.00 PAGES: 3 SPACE ABOVE THIS UNE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 203-051-03, 203-052-01, 203-052-02. 203-053-01 PROJECT ID: RP 12-13 PROJECT NAME: Army Navy Academy Athletic Field RELATED PROJECT ID: CDP12-04 / MS 12-04 HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG476-5A) for development to occur on property more particularly described as Lots 153-170 and Lots 177-198 inclusive of Granville Park No.2 according to Map No.2037 recorded in the County of San Diego, State of California on June 18, 1927 , lAA/e, Army Navy Academy, Carlsbad, California, a California Nonprofit Public Benefit Corporation, 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 1 Q:\CED\LandDev\PROJECTS\RP\RP 12\RP 12-13 Army Navy Academy - WickhamVB & A\HOLD HARMLESS AGREEMENT DRAINAGE.doc 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 J^^^ day of T>i.C€m^kr^ 20 J_ OWNER(S) ^ (Z^^/rf^^r^ /?ori-/>^ By: (Sign Here) Stephen M. Bliss, President (Print Name and Title) Date: By- , „ (Sign Here) Janet Pullen, Chief Financial Officer APPROVED AS TO FORM: RONALD R. BALL City Attorney MX Qi- Assistant Citv AtN)rn Date: (Print Name and Title) City Attorney (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.) Q:\CED\LandDev\PROJECTS\RP\RP 12\RP 12-13 Army Navy Academy - Wickham\B & A\HOLD HARMLESS AGREEMENT DRAINAGE.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California } County of dn |'Z-2g>" >^ before me, ^•^^\,^^ m A^v V-g- L^VU .W!^ ''c, Date , ^' Here IfteejrName and Title of tfie Officer A \ Name(s) of Signef(4) ^^0^ I personally appeared 1 OFFICIAL SEAL BREANA AGUIRRE NOTARY PUBLIC-CALIFORNIAg COMM. NO. 1976745 - SAN DIEGO COUNTY MY COMM. EXP. APR. 29, 2016 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)j^are subscribed to the within instrument and acknowledged to me that h^^^Ahey executed the same in lails/^r/their authorized capacity(les), and that by l^i^lj/^/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. Place Notary Seal Atxjve WITNESS Signat OPTIONAL and official seal. Signature of Notary Pulslic Though the information below is not required by law, it may prove valuable to persons relying on the document arKl could prevent fraudulent removal and reattachment of this fonn to another document. Description of Attached Document / \ Title or Type of Document: jip l(j fn^x^y^^^ 4^l/^J2|ylAiZt^ V^VG^ 1 VvCX^Q Document Date: "'^^ — Number of Pages: Signer(s) Other Than Named Above: CapaGity(ies) Claimed by Signer(s) Signer's Name: • Individual • 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: • Individual • Corporate Officer -— Title(s): • Partner — • Limited • Gdneral • Attorney in Fact • Trustee • Guardian or Conservator • Other: . Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here. ®2007Natk>nal Notary Association•9350 DeSotoAve., P.O.Box 2402 •Chatsworth, OA 91313-2402•www.NationalNotaryorg Item #^7 ReoiderCallToll'-F^ 1-800676-6827 Q:\CED\LandDev\PROJECTS\RP\RP 12\RP 12-13 Army Navy Academy - Wlckham\B & A\HOLD HARMLESS AGREEMENT DRAINAGE.doc