HomeMy WebLinkAboutCT 01-02; Calavera Hills II LLC; 2003-0597624; Hold Harmless Agreement/Release. DOC # 2003-05971524 .
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
MAY 219 2003 3~51 PM
OfFICIAL REcm DIEGO WTY REGORDER'S OFFICE GREGOW J. !!HIM, coLR(TY MCBRDER
FEES: 0.00
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.: 167-1 01 -28-00, 168-041 -03-00, 168-041-04-00, 168-041 -06-00,168-041-07-00, 168-041 -1 0-00
PROJECT NO. & NAME: CT 01-02
Calavera Hills Villaae K
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City's approval of a drainage plan (DWG 403-7A) and
improvement plans (DWG 403-7) for development to occur on property described as Lot 5 of
Carlsbad Tract CT 00-02, 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 said county
February 12, 2003, (I)We, Calavera Hills I1 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
1 H:/Development Services/Masters/Bonds & AgreeemntslHold Harmless Agreement Drainage Rev. 12/08/98
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 this 2 1 5 7 I
PROPERTY OWNERS
Calavera Hills II LLC, a California Limited Liabilitv ComDanv
a Delaware Limited Liabilitv
(Sign Here)
Brian Milich, Senior Vice President
(Print Name and Title)
Don Mitchell, Vice President
Date:
(Print Name and Title)
2 - 2/ 03
(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
2 H:/Development Servlces/Masters/Bonds & AgreeemntsIHold Harrdess Agreement Drainage Rev. 12/08/98
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On February 21, 2003 , before me, Elizabeth M. Breid, Notary Public personally appeared
Don Mitchell , 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.
WITNESS my hand and official seal.
c c
This area for official notarial seal
Calavera Hills Phase It, Hold Harmless Agreement Geological Failure
Calavera Hills Village K CT 01-02
Date of Document: February 21, 2003
Notary Form2 McMillin Companies
1 STATE OF CALIFORNIA }ss.
COUNTY OF SAN DIEGO 1
On March 5, 2003, before me, Elizabeth M. Breid, Notaw Public personally appeared
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.
WITNESS my hand and official seal.
This area for offaal notarial seal
Calavera Hills Phase II, Hold Harmless Agreement Geological Failure
Calavera Hills Village K CT 01 -02
Date of Document: February 21,2003
Notary Form2 McMillin Con-panies