HomeMy WebLinkAboutCT 00-13; SMD Carlsbad 25 LLC; 2003-0153039; Hold Harmless Agreement/Release4 OOC # 2003-0153039
FEE 3-01, 2003 4~45 PM
OFFICI& REm SAN DIEGO CBJNTY RECORDER'S OFFICE MlEGoRY J. SnITHs COUMY RECORDER FEES: 14.00
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad. CA 92008
SPACE ABOVE THIS LINE FOR RECORDERS USE
ASSESSOR'S PARCEL NO.: 215-040-04-00
PROJECT NO. & NAME: CT 00-13
Carlsbad 25 (Tabata)
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City's approval of a drainage plan (DWG No. 397-4A) and
improvement plans (DWG No. 397-4) for development to occur on property described as the
north half of the northwest quarter of the northwest quarter of the northeast quarter of Section
27, Township 12 South, Range 4 West, San Bernardino Meridian, in the City of Carlsbad,
County of San Diego, State of California, according to the official plat thereof, (I)We, LMD
Carlsbad 25 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.
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.
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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 1s ”
Jay of U&GZW..H~ ,20 a2
PROPERTY OWNERS
LMD Carlsbad 25 LLC, a California Limited Liability
Comoanv
By: Lucas & Mercier Development, Inc., a California
Corooration, as Mnacrina Member
By:
(Sign Were) \ V
(Print Name and Title)
By:
(Sign Here)
(Print Name and Title)
Date:
(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
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H:/Development ServiceslMasterrlBonds & AgreeermtslHold Harmless Agreement Drainage Rev. 12/08/98
State of California
County of San Diego -
before me, 1
(Name, Title of Officer)
personally appeared
(Name[s] of Signer[s])
,$personally known to me -OR - 0
(() to be the person(!() whose name(d
is/are subscribed to the within instrument and acknowledged to me tha&/th&
executed the same i-/tgir authorized capacity(i&), and that b@/th$
signature4 on the instrument the person(% or entity upon behalf of which the person(!&
acted, executed the instrument.
WITNESS my hand and official seal
(This area for
official notary seal)
Title or Type of Document
Date of No. of Pages
Document
Signer@) other than named above
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H:/Development Services/Masten/Bonds & AgreeemWHold Harmless Agreement Drainage Rev. 12/08/98