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HomeMy WebLinkAboutSDP 12-02; Ever Endeavors LLC; 2013-0142188; Hold Harmless Agreement/ReleaseDOCtt 2013-0142 I 88 MAR 05, 2013 1:59 PM RECORDING IS REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 0.00 WHEN RECORDED MAILTO: PAGES: City Clerk Iiiiiiiii CITY OF CARLSBAD • •••III ••III ••III ••III ••ill mil lilll iiiii lilll lilll lilll lilll IIIII lilll IIIII II 1200 Carlsbad Village Dr. Carlsbad, CA 92008 SPACE ABOVE THIS LINE FOR RECORDER'S USE 168-310-06-00 ASSESSOR'S PARCEL NO. ^ PROJECT ID PROJECT NAME SDP 12-02 DHIMAN GODDARD SCHOOL RELATED PROJECT ID: CB 12-1405 HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a building plan(s) (CB 12-1405) for development to occur on property more particularly described as Parcel 2 of Parcel Map No. 19252, in the City of Carlsbad, County of San Diego, State of California, Filed in the office of the County Recorder of San Diego County, June 5, 2003 as File No. 2003-0665946 of official records, lAA/e, Ever Endeavors, LLC, 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 Q:\CED\LandDe\APROJECTS\SDRSDP 12\SDP 12-02 Dhiman Goddard School - Rick\B & A\HOLD HARMLESS AGREEMENT DRAINAGE rev 1-28-08_SDP12-02.doc 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 "^nH^*^^ 20_d_. OWNER(S) EVER ENDEAVORS. LLC By: (Sign Here) SANJEEV DHIMAN, MANAGER Date: By: (Print Name and Title) (Sign Here) SHALOO DHIMAN, MEMBER Date: (Print Name and Title) 1 APPROVED AS TO FORM: RONALD R. BALL City Attorney Assistant City Attorriey (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 12\SDP 12-02 Dhiman Goddard School - Rick\B & A\HOLD HARMLESS AGREEMENT DRAINAGE rev 1-28-08_SDP12-02.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT On dfr/^AlP.ZC^/J before me, ^/V/^- /a. State of California County of personally appeared^ /f/^^ /^^/(^^ Name(s) Officer \ • JEFF B. LANGFORD Commission # 1959089 Notary Public • California 1 ry San Diego County ^ Mv Comm. Expires Nov 29.20151 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(syt§/are subscribed to the within instrument and acknowledged to me that |;a^/9lfeAhey executed the same in jji^/Sdr?their authorized capacity(ies), and that by^jais/tief/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 California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Place Notary Seal Above Signature OPTIONAL Though the information below Is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: • individual • Corporate Officer—-Title(s): • Partrier — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb fiere Signer's Name: • individual • Corporate Officer — Title(s): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thurrib here ©2007 National Notary Association • 9350 De Soto Ave., RO. Box 2402 • Ctiatsworth, CA 91313-2402 • www.NalionalNotary.org Item #5907 Reorder: Call Toll-Fcee 1-800-876-6827