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Home My WebLink AboutCT 05-13; Western Pacific Housing Inc; 2007-0636681; Hold Harmless Agreement/ReleasejGC# 2007-0636681 IS 111 II RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 OCT01.2007 12:51 PM OFFICIAL RECORDS s^N DiEiiM r.DI IN TV RECORDER'S OFFICE B Fl E G 0 RV J. S MIT H.. CO U N1V R E CO Fl D E Fl FEES: 000 PAGES: SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 223-720-03-00 PROJECT NO. & NAME: CT 05-13 La Costa Ridge Neighborhood 2.6 HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 448-3A) for development to occur on property described as Lot 223 of CT 99-04-02 Map No. 14838, according to Map thereof No. 223-720-03-00, I/We, Western Pacific Housing, Inc, a Delaware 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 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 H:\Development Services\PROJECTS\CT FILES\CT 05\CT 05-13 La Costa Ridge N. 2.6 - RicWBonds and Agreement\HOLD HARMLESS AGREEMENT DRAINAGEfDWG 448-3).doc II! 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 H^ day of ^(WML 20 0^ PROPERTY OWNERS Western Pacific Housing, Inc., a Delaware Corporation (Sign Here) David Stearn, Vice President (Print Name and Title) Date: By: (Sign Here) M/fr (Print Name and Title) Date:N Ift (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: RONALD R. BALL City Attorney Deputy City Attorney H:\Development Services\PROJECTS\CT FILES\CT 05\CT 05-13 La Costa Ridge N. 2.6 - RicMBonds and AgreemenMHOLD HARMLESS AGREEMENT DRAINAGE(DWG 448-3J.doc State of California County of San Diego On LEJ)M|>oaV (Date) before me, personally appeared h/lV/D AJ- Mofajm, (Name, Title of Officer) (Name[s] of Signer[s]) _,. ^(personally known to me -OR^ D d-U -ibe-basio of catiofaetory evidence) to be the person^) whose "subscribed to the within instrument and acknowledged to me that /"<v (P rtsj <-S* executed the same inQiiyher/theif authorized capacity(ies), and that signature^sTon the instrument the person(s£"or entity upon behalf of which the person^)-' acted, executed the instrument. WITNESS my hand and official seal Signature (This area for official notary seal) Title or Type of Document Date of Document No. of Pages Signer(s) other than named above H:\Development Servioes\PROJECTS\CT FILESVCT 05XCT 05-13 La Costa Ridge N. 2.6 - RicttBonds and Agreement\HOLD HARMLESS AGREEMENT DRAINAGE(DWG 448-3).doc GOVERNMENT CODE 27361.7 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: Kimberlv N. Molina Commission Number: 1632263 Date Commission Expires: January 17. 2010 County Where Bond is Filed: San Diego County Manufacturer or Vendor Number: NNA1A (Located on both sides of the notary seal border) Signature: OQ>^ •/ ^ ^"^ y_ City of Carlsbad Place of Execution: Office of the City Clerk/City of Carlsbad Date: September 26. 2007 Rec. Form #R10 (Rev.7/96)