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HomeMy WebLinkAboutSDP 97-08A; Carlsbad Corporate Center LLC; 2001-0222277; Hold Harmless Agreement/ReleaseDOC # 2001-0222277 8815 RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Cartsbad, CA 92008 SPACE ABOVE THIS LINE FOR RECORDER’S USE CSPR 11s 2001 2:34 PM rnICIAL lilams ~~~~~~ Fig: ’ w.00 llyiln~nlin~snilniiniiniuiillilllllllullllii 2001-0222277 ASSESSOR’S PARCEL NO.: 209-050-30,31 & 32 PROJECT NO. & NAM@ SDP 97-08(A) Carl&ad Corporate &nter HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City’s approval of a drainage plan (Plan No. DWG 390~5A) and improvement plans (Plan No. DWG 390-5) for development to occur on property described as parcels A, B, & C of Parcel Map No. 18416 recorded January 26, 2000 in the County Recorder of San Diego, State of California, We, Carlsbad Corporate Center, LLC, a 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 Masters/Forms/Hold Harmless Agt Drainage 1 Rev. 12malQ8 . 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 1st day of November ) 20 00 . PROPERTY OWNERS Carlsbad Corporate Cent LC, a Limited Liability Earle B. Johnson, Jr., Vice President (Print Name and Title) & Secretary Date: Novemberrl, 2000 By: Qy)w c . (Sign Here) William C. Gale. Vice President (Print NameandTiW & Assistant Secretary Date: November 1, 2000 (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: Y7;i33- 1 MastersJFonns/Hold Harmless Agt Drainage Rev. 12/08/98 State of Illinois County of McLean . On Nov. 1. 3000 before me, Karan R. Parmele _ a Nntarv Pith1 l,- (Date) (Ngme, Title of Officer)’ personally appeared Earle B. Johhson. Jr:. Vice prps.& Secret.arv ;Ind . . wlllla Ill (Name[s] of Signer[s]) C. Gale, Vice Pres. & Assistant Secwrv * c personally known to me -OR- (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/he&heir 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 (This area for /Signature of Notary official notary seal) * of AmberJack, Ltd., an Arizona corporation, as managing member of Carlsbad Corporate Center, LLC Title or Type of Document Date of Document No. of Pages Signer(s) other than named above