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HomeMy WebLinkAboutCT 00-06; Lennar Bressi Ranch Venture LLC; 2003-0760170; Hold Harmless Agreement/ReleaseRECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 DOC # 2003-07b0170 JUN 269 2003 4~16 PPI OFFICIAL REDXDS SAN DIEGU CDUNTY RECORDER'S OFFICE FEES: 14.00 GREGORY J. SHITH, CWWf FSCORDER SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 21 3-030-1 8-00 ~ PROJECT NO. 81 NAME: CT 00-06 Bressi Ranch (Mass Grading) HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 400-8A) and improvement plans (DWG 400-8) for development to occur on property described as Parcel B of Adjustment Plat 543 per Certificate of Compliance recorded February 11 I 1999 as Doc. No. 1999-0085753, (I)We, Lennar Bressi Ranch Venture LLC, 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 ServicedMasterdBonds & AgreeemntdHold Harmless Agreement Drainage Rev. 12/08/98 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 IN WITNESS WHEREOF, the undersigned has executed this instrument this 26 assigns having an interest in all or any part of the property described herein. dayof fidm&f& ,204s-4. PROPERTY OWNERS Lennar Bressi Ranch Venture LLC, a California Limited Liability Company By: Lennar Bressi Carlsbad LLC, a California Limited Liability Company By: Lennar Homes of California, Inc., a California Corporation, Its Managing Member By: (print name and title) By: (sign here) (print name and title) I Date: la -ad - 02 APPROVED AS TO FORM: RONALD R. BALL City Attorney 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.) 2 I H:/Development ServicedMasterdBonds 8 AgreeemntsMold Harmless Agreement Drainage Rev. 12/08/98 State of California ) ) County of San Diego ) On /~-zL-~A before me, THMILE ~fi/'&t: ~/cl7~4/ personally appeared *(/.SA G/9uUd& ,+VO DEE k9 AEK (Date) (Name, Title'of Officer) (Name[s] of Signer[s]) ,&personally known to me -OR - (( -na@ h eubscribed to the within instrument and acknowledged to me that @ executed the same in FtMe@authorized capa 0 ty(ies) and that by hi&ber@, signatu e(s).on the instrument the pers@ or entity upon behalf of which the persa acted, executed the instrument. P WITNESS my hand and official seal (This area for official notary seal) Title or Type of Document Date of No. of Pages Document Signer(s) other than named above 3 I H:/Development SewicesNasterslBonds & AgreeemtslHold Harmless Agreement Drainage Rev. 12/08/96