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HomeMy WebLinkAboutSDP 11-04; La Costa Bluffs LLC; 2012-0333370; Hold Harmless Agreement/ReleaseDOCtt 20 2-0333370 RECORDING IS REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 iiiiiiiiiiiiiiiiiiiiniiiiiii JUN 07, 2012 9:24 AM' OFFICIAL RECORDS 8763 SAN DIEGO COUNTY RECORDER'S OFFICE Emest J. Dronenburg, Jr., COUNTY RECORDER FEES: 24.00 PAGES: 4 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO. PROJECT ID PROJECT NAME RELATED PROJECT ID: 216-300-20 SDP 11-04 La Costa Bluffs HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan(s) (DWG 473-1E) for development to occur on property more particularly described as Lot 406 La Costa Unit #5 Map 6600, I/We, La Costa Bluffs, 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 1 Q:\CED\LanclDev\PROJECTS\SDP\SDP 11\SDP 11-04 La Costa Bluffs Lot 406 - Bobbett\B & A\HOLD HARMLESS AGREEMENT DRAINAGE(DWG 473-1 E).doc 8764 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 I f day of _ OWNER(S) La Costa Bluffs, LLC, a CalifomisH^TTTTrtegUl^bilitv comoanv Bv: SJ Asset Manaqemen^Mffc!, a Calffornia corporation its manager (Sign Here) Salman Rabie, President and Secretary (Print Name and Title) Date: By: (Sign Here) (Print Name and Title) Date: APPROVED AS TO FORM: RONALD R. BALL City Attorney By: Xll9.(Xc Assistant City AttoViey (Proper notarial acknowledgment of execution by owner(s) must be attached) (Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. OthenA/ise, 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.) Q:\CED\LandDev\PROJECTS\SDP\SDP 11\SDP 11-04 La Costa Bluffs Lot 406 - Bobbett\B & A\HOLD HARMLESS AGREEMENT DRAINAGE(DWG 473-1E).doc 8765 ACKNOWLEDGMENT State of California County of Los Anqeles On C//3/fyjfj'^ 2.0fJl before me, Yelena Osadchaya Notary Public / (in§^ name and title of the officer) personally appeared _ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity (ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Caiifomia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. GOVERNMENT CODE 27361.7 mm I CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS: Name of the Notary: Yelena Osadchaya Commission Number: 1811165 Date Commission Expires: 8/26/12 County Where Bond is Filed: Los Angeles Manufacturer or Vendor Number: NNA1 (Located on both sides of the notary seal border) Signature: Citv of Carlsbad Place of Execution: Office of the Citv Clerk/Citv of Carlsbad Date: 6/1/12 Rec. Form #R10 (Rev.7/96)