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Home My WebLink AboutCT 08-03; Property Development Centers LLC; 2012-0596058; Hold Harmless Agreement/ReleaseHp DOCtt 2012-0596058 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 OCT 01, 2012 1:46 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernesl J. Dronenburg, Jr., COUNTY RECORDER FEES: 0.00 PAGES: 4 liliiiiii SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO. PROJECT ID PROJECT NAME 223-050-70 & 223-060-32 CT 08-03 La Costa Town Square - Residential RELATED PROJECT ID: HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan(s) (DWG 475-28) for development to occur on property more particularly described as that parcel of land being all of Parcel 4 of Minor Subdivision No. 04-08 recorded in the office of the county recorder as Parcel Map No 20982, File No. 2012-0402964 on July 11, 2012 located in the City of Carlsbad, County of San Diego, State of California, I/We, Property Development Centers LLC, a Delaware 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 1 Q:\CED\LandDev\PROJECTS\CT\CT 08\CT 08-03 La Costa Townsquare - Wickham\B & A\HOLD HARMLESS AGREEMENT DRAINAGE (DWG 475-2B Residential).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 _2 day of. , 20 OWNER(S) Property Development Centers, LLC^ a Delaware Limited Liability Com^^jy By: iw^re Limiiea Liability uon VJ (Sign H (Sign Here) Jim Reuter, Vice President (Print Name and Title) APPROVED AS TO FORM: RONALD R. BALL City Attorney By: By: (Print Name and Title) Assistant City AtlDrney (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.) Q;\CED\LandOev\PROJECTS\CT\CT 08\CT 08-03 La Costa Townsquare - Wickham\B & A\HOLD HARMLESS AGREEMENT DRAINAGE (DWG 475-28 Residential) doc CAUFORiiiA ALL-PURPOSE AIIKHOWLEDailiNT State of California County of A^^ME^DA. } nn Al^HST *g. 20JjL before me. ^(^^ vT. UinTEtg.^ WgTA^ fitfc/jd V ^ ^Jti 7" ^ ' Here Insdrt Narne ami Titid of fhjr Officer personally appeared Name(s) of SlgneF(s) BARBARA 1 WINTER ' [ COMM. #1842566 z Notary Public - California § Contra Costa County -* My Comrn. Expires Mar. 29^2013 \ who 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/herAheir authorized capacity(ies), and that by his/her/thejr 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 offtciaUseal. Descriptibnof Attached Document Title or Type of ybcument Document Date: Signer(s) Other Than Name Capacity(ies) Claimed by Signd Signer's Name • Individual • Corporate Officer —Title(s): • Partner —• Limited • GeneraL • Attorney in Fact • Trustee • Guardian or ConservaJ; • Other: Signer Is Reprinting:. RIGHTTHUMBPRINT OF SIGNER Top of thumb here. ©2007 Natfonal Notary AssoCiaton • 9350 De Soto Ave., RO.Box 2402 • Chatewotth, CA 91313-2402 • vvvvw.NationalNotaiy.org Item #5907 Reorder: Call Toll-Free 1-800-876-6827 Q:\CED\LandDev\PROJECTS\CT\CT 08\CT 08-03 La Costa Townsquare - Wlckham\B & A\HOLD HARMLESS AGREEMENT DRAINAGE (DWG 475-2B Residential).doc EXHIBIT "A! Being a subdivision of Parcel 4 of Carlsbad Minor Subdivision No. 04-08, in the City of Carlsbad, County of San Diego, State of California, according to Parcel Map No. 20982 filed in the office of the County Recorder of San Diego County on July 11, 2012 as File No. 2012-0402964.