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HomeMy WebLinkAboutSDP 03-12; Carlsbad Village Drive Investors LLC; 2005-0288025; Hold Harmless Agreement/ReleaseDOC # 2005-0288025 I1lll1111 Ill Ill11 111ll 111111111111111 11111 11111 11111 1111111111 Ill1 Ill1 APR 07,2005 4:46 PM RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 UFFICkL RECORDS SAtJ DlEGO CUUNT'r' RECORDER'S OFFICE GREGORY J. SMITH, COUNTY RECORDER FEES: 0.00 PAGES: 4 I "son SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 156-1 80-21 PROJECT NO. & NAME: SDP 03-12 1265 Carlsbad Village Drive HOLD HARMLESS AGREEMENT DRAl NAG E In consideration of the City's approval of a drainage plan (DWG 418-7A) for development to occur on property described as attached Exhibit "A" (I)We, Carlsbad Village Drive Investors, LLC, a California 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 occurring during the construction work or improvements as specified in this agreement. 1 I H:lDevelopment ServicedMasterslBonds & Agreeemnts/Hold Harmless Agreement Drainage Rev. 12/06/98 It is further agreed that the above owner@) will maintain all drainage systems to insure a free flow to a satisfactory point of discharge unless said systems are accepted as public I 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. tL IN WITNESS WHEREOF, the undersigned has executed this instrument this 14 PROPERTY OWNERS Carlsbad Villaae Drive Investors, LLC, a California limited liability co By: (Sign Here) By: (Sign Here) (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($ signing to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney Aw&mt Citi Afiorney -. & 2 I H:/Development ServicedMasterdBonds & AgreeemntdHold Harmless Agreement Drainage Rev. 12/06/98 State of California ) ) County of San Diego ) &.JLF/AI. hlokrq hhq ---* On ~+.Iam,-II 225 before me, /??&?ILeE 3. (Date) (Name, Title/ of Officer) (Name[s] of Signer[s]) Vi6 L/ personally appeared &Aur Rpersonally known to me -OR - ci (( ) to be the person(@) whose name(@ is/- subscribed to the within instrument and acknowledged to me that he/sltdtftey executed the same in his/h&tMr authorized capacity(&), and that by hislbnrl)hPir signature($ on the instrument the person(g, or entity upon behalf of which the person(@ acted, executed the instrument. WITNESS my hand and official seal (This area for official notary seal) Signer(s) other than named above I 3 H:/Development Services/MasterslBonds & AgreeemntdHold Harmless Agreement Drainage Rev. 12/08/98 -. . EXHIBIT “A” That portion of Fractional Block 88 of the Town of Carlsbad, in the County of San Diego, State of California, according to Map thereof No. 535, filed in the Office of the County Recorder of San Diego County Map 2,1888, and of Ninth Street adjoining said Block 88, as closed February 15. 1893, by Order of the Board of Supervisors of San Diego County, and of Tract 119 of Carlsbad Lands, in the San Diego County, State of California, according to Map thereof No. 1661, described as a whole as follows: Beginning at the Point of Intersection of the Southeasterly Line of Elm Avenue within the Easterly Line of the Town of Carlsbad, running thence South 55O27’ West along said Southeasterly Line of Elm Avenue 66.79 feet to the True Point of Beginning; thence continuing South 55’27’ West 100 feet to a Point; thence South 34O33’ East, a distance of 200 feet to a Point; thence North 55O27’ East 100 feet to a Point; thence North 34O33’ West 200 feet to the True Point of Beginning. Excepting therefrom that portion of thereof described in a Deed recorded June 14, 1967 at Recorder’s FilelPage No. 84982 of said official Records. Assessors Parcel No.: 156-1 80-21