HomeMy WebLinkAboutSDP 05-18A; ECR Corporate Center; 2007-0650791; Hold Harmless Agreement/ReleaseDOC# 2007-0650791
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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
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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