HomeMy WebLinkAboutCT 00-02; Calavera Hills II LLC; 2003-0458844; Hold Harmless Agreement/ReleaseRECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
ASSESSOR'S PARCEL NO.: 168-050-47-00 168-050-48-00
PROJECT NO. & NAME: CT 00-02
Calavera Hills II DisDosal
DOC # 2003-0458844
fiPR 219 2003 4~51 F'M
OFFICI& EoS SAN DIEGO COUNTY RECORER'S OFFICE GREGORY J. SHITH, i3lllNTY MGOKDER FEES: 0.00
SPACE ABOVE THIS LINE FOR RECORDER'S USE
HOLD HARMLESS AGREEMENT
DR AI NAG E
In consideration of the City's approval of a drainage plan (DWG 390-9E) for
development to occur on property described as Parcel 1 and Parcel 3, ADJ 01-13 per
Certificates of Compliance recorded November 28, 2001 as Documents No. 2001 -0865064 and
2001-0865066, in the City of Carlsbad, County of San Diego, State of California, (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 iiable or responsible for any accident, loss or damage happening or
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H:/Development SeNices/Masters/Bonds & AgreeemnldHold Harmless Agreement Drainage Rev. lZOW98
xcurring during the construction work or improvements as specified in this agreement.
It is further agreed that the above owner@) 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 76
day of &P/L ,20 63.
PROPERTY OWNERS
Calavera Hills It, LLC, a California Limited Liability Company
By: McMillin Companies, LLC, a Delaware Limited Liability
, Its Managing Member
By:
LSign Here)
Don Mitchell, Vice President
(Print Name and Title)
Brian Milich. Senior Vice President
(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
Attorney
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H:/Development ServicesNasterslBonds & AgreeemntdHold Harmless Agreement Drainage Rev. 12/06/98
McMillin Land Development A Corky McMlllln Company
1 STATE OF CALIFORNIA }ss.
COUNTY OF SAN DIEGO 1
On
personally appeared Don Mitchell & Brian Milich. personally known to me to be the persons
whose names are subscribed to the within instrument and acknowledged to me that they
executed the same in their authorized capacities, and that by their signatures on the instrument
the persons or the entity upon behalf of which the persons acted, executed the instrument.
Awil 7.2003 , before me, Brenda N. Henderson, Notary Public
WITNESS my hand and official seal.
This area for official notarial seal
Calavera Hills II. LLC and the Citv of Carlsbad Aareement for Uncontrolled Stockpile Parcel # 168-050-
47-00 and 168-050-48-00 Disposal Site, DWG 390-9E
Notary Fwm-2
A!\ A AA A44 A4 McMillin Realty McMillin Mortgage McMillin Land Development McMillin Homes McMillin Commercial
CORPORATE OFFICE 2727 HOOVER AVENUE NATIONAL Cln, CA 91950 TEL (619) 477-4117 FAX (619) 336-3112 w.millin.Com
McMillin Companies