HomeMy WebLinkAboutSDP 06-13; Aspirations Inc; 2007-0650787; Hold Harmless Agreement/ReleaseDQC# 2007-0650787
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RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
2353
111! II INIIIill II
OCT09.2007 11:04 AM
OFFICIAL RE CORDS
SAN DiEGO COUNTY RElTiRDER'S OFFICE
G REG 0 RY J, S M! T H. CO U N TY R E Cfi R D E R
FEES: 13.00
PAGES:
2007-0650787
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.: -243-140-02-00
PROJECT NO. & NAME: SDP06-13
Aspirations Daycare
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City's approval of a drainage plan (DWG 451-6A) for
development to occur on property described as Parcel 1 of Parcel Map MS 05-05, La Costa
Greens Neighborhoods 1.2 and 1.3, in the City of Carlsbad, County of San Diego, State of
California, according to the Parcel Map thereof No. 20174, filed in the Office of the County
Recorder of San Diego County on December 20, 2006, according to Map thereof No. APN 213-
'£110-02-00, I/We, Aspirations, Inc., a California 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
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AgreementVHOLD HARMLESS AGREEMENT DRAINAGE(451-6A).doc
2354
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.i
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 10th
day of August 20 °7 .
PROPERTY OWNERS
Aspirations, Inc.,
By:
(Sign Here)
Alan P. Heim, President
(Print Name and Title)
Date:: Oe//O/df
By:
(Sign Here)
Theresa M. Heim, Secretary
(Print Name and Title)
Date: ^J fa/fT~)7~^ 7~^ *
(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
Deputy City Attorney
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AgreementMHOLD HARMLESS AGREEMENT DRAINAGE(451-6A).doc
2355
State of California )
)
County of San Diego )
OnAugust 10, 2007before me, Penny E. Kellev. Notary Public ,
(Date) (Name, Title of Officer)
personally appeared Alan P. Helm and Theresa M. Helm
(Name[s] of Signer[s])
l D personally known to me -OR -
(proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s)
Ssfare subscribed to the within instrument and acknowledged to me that
executed the same in his/her/their authorized capacity(ies), and that by KKBs&their
signature(s) on the instrument the person(s), or entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal „NOTARY PUBLIC-CALIFORNIA $
SAN DIEGO COUNTY 2My Commission Expires .
DECEMBER 26,20081
Signature of Notary
(This area for
official notary seal)
Title or Type Of Document Hold Harmless Agreement - Drainage
Date of Document August 10, 2007 No. of Pages 4
Signer(s) other than named above
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H:\Development Services\PROJECTS\SDP FILES\SDP 06-13 Aspirations Daycare - GlerABonds and
AgreementMHOLD HARMLESS AGREEMENT DRAINAGE(451-6A).doc