HomeMy WebLinkAboutCT 01-05; Calavera Hills II LLC; 2004-0009349; Hold Harmless Agreement/ReleaseRECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
OFFICIAL RECORDS SM DIEGD COUNTY REGORDER'S OFFICE GREGORY J. SMITH, COUNTY RECORDER FEES: 0.00
SPACE ABOVE THIS LINE FOR RECORDERS USE
ASSESS0 R'S PARCEL N 0. : 1 68-31 0-02-00
PROJECT NO. & NAME: CT 01-05
Calavera Hills Village W
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City's approval of a drainage plan (DWG 408-4A) and
improvement plans (DWG 408-4) for development to occur on property described as Lot 2, CT
00-02 per Map no. 14541 recorded February 12, 2003, (I)We, Calavera Hills 11, 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 ihe 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
occurring during the construction work or improvements as specified in this agreement.
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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 /o %
PROPERTY OWNERS
Calavera Hills II. LLC. a California limited liabilitv comDanv
Bv: McMillinpnies. LLf. a Delaware limited liabilitv comem .Mnane
By:
(Sign Here)
Brian Milich, Senior Vice President
(Print Name and Title)
Date: /z -/ Z).b-)
By: a
(Si@ Here)
Don Mitchell, Vice President
Date: /Z ./a. D3
(Print Name and Title)
(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@)
signing to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL City Attorney
By:
2 I H:/Development ServiceSIMastersIBonds & Agreeennts/Hold Harmless Agreement Drainage Rev. 12/08/98
State of California 1 1
County of San Diego )
T. 1
1 J “4 (Name, Title of Officer)
On IO- 0.3 before me,
(Date)
personally appeared nenn-:\\& Qr\A 3€m R;+c&\\
(Name[s] of Signer[s])
drsonally known to me -OR - 0
(proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s)
Mare subscribed to the within instrument and acknowledged to me that hefsk/they
executed the same in ki4fker/their authorized capacity(ies), and that by bisAw/their
signature@) 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
Signature of Notary
(This area for
official notary seal)
Date IOyL’ of No. of Pages Document h--pIvV&z+- ,7!/U-a3 +z
I1 11 Signer(s) other than named above Re na\b pLbL\
II II
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