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
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-. .
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