HomeMy WebLinkAboutCT 02-21; Pulte Home Corp; 2004-1109049; Hold Harmless Agreement/ReleaseDOC # 2004-1 109049
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
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NOV 23,2004 9:13 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE GRFGORY .J SMITH, COUNTY RECORDER
FEES u uo PitG E S 3
SPACE ABOVE THIS LINE FOR RECORDER'SUSE
ASSESSOR'S PARCEL NO.: 213-112-03-00
PROJECT NO. & NAME: CT 02-21
LA COSTA GREENS NEIGHBORHOOD 1.12
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City's approval of a drainage plan (DWG 406-4A) and
improvement plans (DWG 406-4) for development to occur on property described as a
subdivision of Lot 12 of Carlsbad Tract No. 99-03 La Costa Greens, in the City of Carlsbad,
County of San Diego, State of California, according to map thereof No. 14543, filed in the Office
of the County Recorder of San Diego County, February 12, 2003, (I)We, Pulte Home
Corporation, a Michigan corporation, 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
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H:/Development Services/Masters/Bonds & Agreeemnts/Hold Harmless 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 this L
dayof L jU.7 ,20 by.
a MicNan corporation
By:
Y - (Sign Here)
Darren Warren, Vice President of Land
(Print Name and Title)
Date:
By: NIA
(Sign Here)
NIA
(Print Name and Title)
(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
By:
hAanLCity Attckney
,-l L
H:/Developmsnt ServicedMasterdEonds & AgreeemntslHold Hades$ Agreement Drainage Rev. 12/08/98
State of California 1 1
County of San Diego 1
me,
(Namels] of Signer[s])
personally appeared
fiersonally known to me -QR-f?P
-sis of satisfactory evideme ) to be the person(M whose name#)
A
is/@ subscribed to the within instrument and acknowledged to me that he/9keMey
executed the same in his/W/W authorized capacity(b&, and that by hisfher/-
signature(# on the instrument the person@, or entity upon behalf of which the person@&
acted, executed the instrument.
KIMBERLY D 2QNF-S
WITNESS my hand and official seal
&d*U
Signature of NZijy (This area for
official notary seal)
Title or Type of Document
Date of Document
Signer(s) other than named above
No. of Pages
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H:Developrnent ServicesIMasterslBonds & AgreeemntsIHold Harmless Agreement Drainage Rev. 12/08/98