HomeMy WebLinkAboutCT 01-03; Cal E1 LLC; 2003-1229938; Hold Harmless Agreement/ReleaseL DOC # 2003-1229338
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
FS 3P \on
OCT Otb 2003 4:44 Pi"l
DFFICIAL RECORDS SAN DIEGO MWNTY RECORDER'S OFFICE
FEES: 14 .OO GREGORY J. SMITH? COUNTY KERRDEK
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.: 168-041-08
Calavera Hills Village E-1
PROJECT NO. & NAME: CT 01-03
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City's approval of a drainage plan (DWG 405-6A) and
improvement plans (DWG 405-6 and DWG 405-68) for development to occur on property
described as all of Parcel Map 16233 filed in the Office of the County Recorder on September
21, 1990, in the City of Carlsbad, County of San Diego, State of California. (I)We, Cal El LLC,
a Delaware 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/Masiers/Bonds 8 AgreeemntdHold Harmless Agreement Drainage Rev. 12/08/96
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.
Ad IN WITNESS WHEREOF, the undersigned has executed this instrument this 2
PROPERTY OWNERS
Cal El LLC. a Delaware limited liabilitv
- (sign Here) v E. Dale Gleed, Vice President
Date:
(Print Name and Title)
By: Ck&L
(Sign Here?
Elizabeth Zepeda, Secretary
(Print Name and Title)
Date: q-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 Rev. 12/08/98
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
)- ss.
State of California
County of San Diego
On September 2, 2003
personally appeared E. Dale Gleed & Elizabeth Zepeda
before me, Judy Teubner , Notary Public,
Date
Place Notary Seal Above
personally known to me to be the person’s
whose name is subscribed to the within
instrument and acknowledged to me that
they executed the same in their authorized
capacity’s, and that by their signature’s on
the instrument the person’s, or the entity
upon behalf of which the person’s acted,
executed the instrument.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the documenl and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document-
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity Claimed by Signer
Signer’s Name:
0 Individual
Corporate Officer - Title: Vice President
Partner - 0 Limited 0 General
0 Attorney in Fact
0 Trustee
0 Guardian or Conservator
0 Other:
Right Thumbprint
of Signer
Top of thumb here
- Signer is Representing: