Loading...
HomeMy WebLinkAboutSDP 05-18A; ECR Corporate Center; 2007-0650791; Hold Harmless Agreement/ReleaseDOC# 2007-0650791 3? RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 2378 OCT 09, 2007 11:04 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREG 0 R Y J. 3 M! T H. CO LI N TY R E CO R D E R FEES: 13.00 PAGES: 2007-0650791 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 213-110-01-00 PROJECT NO. & NAME: SDP05-18A ECR Corporate Center HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 451-9A) for development to occur on property described as Lot 1 of Carlsbad Tract 99-03, in the City of Carlsbad, County of San Diego, State of California, according to the map thereof no. 14543, filed in the office of the County Recorder, according to Map thereof No. APN 213-110-01-00, I/We, ECR Corporate Center, L.P., a California limited partnership, 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 1 H:\Development Services\PROJECTS\SDP FILES\SDP 05-18A ECR Corporate Center - Levy\Bonds and AgreementsMHOLD HARMLESS AGREEMENT DRAINAGE(DWG 451-9J.doc 3379 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 day of 20 PROPERTY OWNERS ECR Corporate Center, L.P., a California limited Partnership Bv: ECR Carlsbad Management, LLC, a Delaware limited liability companv Its General Partner Bv: WBC Investments LLC, a California limited liability Company Its Cp-Manaaing Member By: Finest Citv Realty Advisors. Inc., a California Corporation ItsCoManaging Member John C._White,-Peftoef G>- Tiye)•U.C- /Chai • /r^ (Sign Here) Charles Abdi, President Date: (Print Name and Title) A^\r\c- • (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 H:\Development Services\PROJECTS\SDP FILES\SDP 05-18A ECR Corporate Center - Levy\Bonds and Agreements\HOLD HARMLESS AGREEMENT DRAINAGE(DWG 451-9j.doc 2380 State of California County of San Diego On (Date) personally appeared \JO\n>r> C before me, Ki<*V\r^ R.fe/<WMr>ft ^(Name, Title of Officer) (Name[s] of Signer[s]) _, [^personally known to me -OR - n (proved to me on the basis of satisfactory evidence) to be the person^whose name|i) -is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in -his/her/their authorized capacity<@), and that by -+H9/hef/their signature's))on the instrument the person^]) or entity upon behalf of which the person(§? acted, executed the instrument. ^^^^^ WITNESS my hand and official seal Commluton* 17636*1 tan Otogo County 1 Signature of Notary (This area for official notary seal) Title or Type of Document Date of Document No. of Pages Signer(s) other than named above H:\Development Services\PROJECTS\SDP FILES\SDP 05-18A ECR Corporate Center - Levy\Bonds and Agreements\HOLD HARMLESS AGREEMENT DRAINAGE(DWG 451-9).doc