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HomeMy WebLinkAboutCT 01-01; Calavera Hills II LLC; 2003-1020987; Hold Harmless Agreement/ReleaseDOC # 2003-1020987 RECORDING REQUESTED BY WHEN RECORDED MAILTO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 QUG 21s 2003 1239 PM OFFICIAL RECDRK W DIEGO COUNTY REMRDER'S OFFICE GREGORY J. S#ITH, Ctl.lt!TY RECORDER FEES: 0.00 SPACE ABOVE THIS LINE FOR RECORDERS USE ASSESSOR'S PARCEL NO.: 168-2804 PROJECT NO. & NAME: CT 01-01 Calavera Hills Vill L-2 HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 403-6A) and improvement plans (DWG 403-6) for development to occur on property described as Lot 6 of Carlsbad Tract No. 00-02, Calavera Hills Phase II, 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. (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 1 H:/Developmnt ServicedMasterslBonds & Agreeemnts/Hold Hamdess Agreement Drainage Rev. 12/08/98 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 this2 g'd- day of A4Pl c , 20 03. PROPERTY OWNERS imited Liabilitv ComDanv By: (Sign46-e) Brian Milich. Senior Vice President (Print Name and Title) Date: Don Mitchell. Vice President (Print Name and Title) Date: *ZS-D3 (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 city Attorney 2 I H:/Development Services/Masters/Bonds & AgreeemntdHold Harmless Agreement Drainage Rev. 12/08/96 . , State of California 1 ) County of San Diego ) personally appeared,()(% H;+&e 1 1 m$ vi (Name[s] of Signer[s]) )ZP personally known to me leR--R to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that helshelthey executed the same in his/her/their authorized capacity(ies), and that by hislherltheir signature@) 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 - Sigdure of Notary (This area for official notary seal) Title or Type of Document &~~xla’m/cS~ e.c&wylf - pc22Lmp2 W L3 Date of No. of Pages Document q25103 Signer(s) other than named above. 3 H:/Development ServaeslMasterslBonds 8 AgremnWHold Hadess Agt Geological Failure Rev. 12/08/98