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HomeMy WebLinkAboutRW 08-228; City of Carlsbad; 2008-0614633; Hold Harmless Agreement/Release2008-0614633 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 DEC 01, 2008 3:52 PM OFFICIAL RE CORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY..!. SMITH. COUNTY RECORDER FEES: 0.00 PAGES: SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 223-200-32 PROJECT ID: RW 08-228 PROJECT NAME: Hillside Patio Homes RELATED PROJECT ID: N/A HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan(s) per Figure 1, 2, and 3 of Right-of-Way Permit No. RW 08-228 for development to occur on property more particularly described as Lot 491 of Carlsbad Tract No. 72-20 La Costa Vale Unit No. 3, in the City of Carlsbad, County of San Diego, according to Map thereof No. 7950, filed in the Office of the County Recorder of San Diego County on June 3, 1974, I/We, The Hillside Patio Homes Association, 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 1 HADevelopment Services\PROJECTS\PR FILESVPR 081PR 08-46 Hillsids Patio Homes - BobbelftHOLO HARMLESS AGREEMENT DRAINAGE rev 1 -28-08.doc 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. 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 /- (0 .20 OWI omes/Association, a California corporation (Print Name and Title) Date: By: _ (Sign He're) (Print/lame and Title) APPROVED AS TO FORM: RONALD R. BALL City Attorney Date: (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. 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.) H:\Development Servlce>6\PROJECTS\PR Fll_ES\PR 08VPR 08-46 Hillside Patio Homes - BoM»tl\HOLD HARMLESS AGREEMENT DRAINAGE fSv 1-28-08.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of 4-2On Dale personalty appeared before me, &. b A // Here Insert Name and Title ol tha , Narno(6) of Slfjnet(s) ofMnmwA.ui CommHilon * 17*0*40 MOMMY r**c - CoNtomki ton DI*9Q County 1 who proved to me on the basis of satisfactory evidence to be the personfs) whose name(e) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capaclty(»6), and that by his/Nw#hetr signature^*) on the instrument the person^, or the entity upon behalf of which the person^ acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State ol Caljfofnia that the foregoing paragraph is true and correct. Place Notary Seal Above WITNESS my Signature. OPTIONAL Signature of Notary Publfe'' 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: D Individual D Corporate Officer —Title(s): D Partner — D Limited D General D Attorney in Fact RIGHTTHUWiBPRINT OF SIGNER Signer's Name: O Individual D Corporate Officer — Title(s): D Partner —D Limited D General D Attorney in Fact HIGHTTHUMBPRINT OF SIGNER D Trustee D Guardian or Conservator n Other: Signer Is Representing: Top of thumb here D Trustee D Guardian or Conservator D Other: Signer Is Representing: Top of jhunrtb here ©2007 Nalional Notary Association'9350 De SotO Ave., PO.Box2402• Chatsworth, CA 913t3-240?»www.NalionalNolary.org Item #5907' Reorder;CallTofi-Free 1-800-876-6827 COPY