HomeMy WebLinkAboutSDP 01-05; Fourth Quarter Properties; 2003-0597629; Hold Harmless Agreement/ReleaseDOC # 2003-0537629
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
SPACE ABOVE THIS LINE FOR RECORDER’S USE
CFFICIAL REmB SAN NE# WTY RECORDER’S OFFICE GREGORY J. SnITHi CWY REUJRD!lR FEES: 0.00
ASSESSOR’S PARCEL NO.: 168-040-29-00 168-050-27-00
PROJECT NO. & NAME: SDP 01-05
Calavera Hills Vlllaae “Y”
HOLD HARMLESS AGREEMENT
DRAl NAG E
In consideration of the City’s approval of a drainage plan (DWG 403-3A) and
improvement plans (DWG 403-3) for development to occur on property described as attached
Exhibit A, (I)We, Calavera Hills II, 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 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
occurring during the construction work or improvements as specified in this agreement.
1 H:/Development Services/Masters/Bonds & Agreeemnts/Hold Harmless Agreement Drainage Rev. 12/06/98
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 7-
day of &Pf c , 20 03.
PROPERTY OWNERS
Calavera Hills II, LLC, a California Limited Liability Company
By: McMillin Companies, LLC, a Delaware Limited Liability
Cpplpany, Its Managing Member
By:
/(Sign Here)
Don Mitchell, Vice President
(Print Name and Title)
Brian Milich, Senior Vice President
(Prjnt 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 SeNiCeSlMaSterdBOndS R AgreeemntdHold Harmless Agreement Drainage Rev. 12/08/98
State of California 1 1
County of San Diego )
On April 7, 2003 beforeme, Elizabeth 1,. Breid, Notary Public 1
(Date) (Name, Title of Officer)
(NameTs] of Signer[s])
Don Mitchell & Brian Milich personally appeared
& personally known to me -OR - C-I
(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/her/their
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
Signdure of Notary
(This area for
official notary seal)
Title or Type of Document
Date of Document
Signer(s) other than named above
No. of Pages
EXHIBIT “A’
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
LOT 3, TOGETHER THE SOUTHWESTERLY HALF OF COLLEGE BOULEVARD
11, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO. 14541, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, FEBRUARY 12,2003.
ADJACENT THERETOF, OF CARLSBAD TRACT NO. 00-02 CALAVERA HILLS PHASE