HomeMy WebLinkAboutCT 01-04; Calavera Hills II LLC; 2004-0068193; Hold Harmless Agreement/Releases :.. , DOC # 2004-0068193
JQN 28s 2004 4~34 PM
RECORDING REQUESTED BY
WHEN RECORDED MAILTO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad. CA 92008
WICIAt REm SAN DIEGO COW RECORDER’S OFFICE GREGORY J. SMITH, CMY RECORDER FEES: 0.00
SPACE ABOVE THIS LINE FOR RECORDER’S USE
ASSESSOR’S PARCEL NO.: 168-310-04
PROJECT NO. 81 NAME: CT 01-04
Calavera Hills Village U
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City’s approval of a drainage plan (DWG 407-6A) and
improvement plans (DWG 407-6) for development to occur on property described as attached
Exhibit “A”, (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
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.
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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
assigns having an interest in all or any part of the property described herein.
IN WITNESS WHEREOF, the undersigned has executed this instrument this /D
day of &=e&* ,2063 .
PROPERTY OWNERS
Calavera Hills II LLC. a California limited liabilitv companv Bv: McMillin Companies, LLC, a Delaware limited liabilitv
(Sign Here)
Brian Milich, Sr. Vice President
(Print Name and Title)
Don Mitchell, Vice President
(Print Name and Title)
Date: 12-10-2003
(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 77 Attorney
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State of California 1
) County of San Diego )
T. On \2- IO- e3 before me, I
(Date) (Name, Title of Officer) \J u
personally appeared hn 6 bdi 8U1’an WI%&,
(Name[s] of Signer[s])
~ d&sonally known to me -OR - 0
(proved to me on the basis of satisfactory evidence) to be the person(s) whose name@)
idare subscribed to the within instrument and acknowledged to me that tpf’$w2/they
executed the same in -/their authorized capacity(ies), and that by !y!Wr/their
signature(s) 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
7. py
Signature of Mar)’
(This area for
official notary seal)
Date I@!? of No. of Pages
Signer(s) other than named above
Document 003
ROMCA~~ C,&L((
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EXHIBIT “A”
LEGAL DESCRIPTION
LOT 4 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.
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