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HomeMy WebLinkAboutCT 02-27; Par 72 LLC; 2005-0513386; Hold Harmless Agreement/ReleaseRECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 DOC # 2005-051 3386 I llllllll Ill 11111 lllll IIIII 11111 111ll Ill11 lllll lllll11lll1llllllll Ill1 JUN 20,2005 8:25 AM OFFICIAL RECORDS SAN DlEGO COUNTY RECORDER'S OFFICE GREGORY J SMITH, COUNTY RECORDER PAGES FEES n no 3 1 1U1111111lI111 Yllllllll Hlll Ylll Wlllll111 Ulll1111 Ill11 11111 Ill11 YII 111 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: PROJECT NO. & NAME: 21 6-31 0-04 & 05 CT 02-27 LA COSTA FAIRWAYS HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 414-5A) for development to occur on property described as a subdivision of Lots 4 and 5 of La Costa Greens, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 6708, filed in the Office of the County Recorder of San Diego County, August 18, 1970, INVe, PAR 72, 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:IDevelopment Services/MastersiBonds & AgreeemntdHold 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 14th day of October ,20 04 . PROPERTY OWNERS bilitv comDanv V (Sign Here) (Sign Here) Ruben Carrillo Member (Print Name and Title) Date: 10/14/2004 (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 off icer(s) signing to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney 2 H:/Developmenl ServtcesNaslers/Bonds & Agreeemnls/Hold Harmless AQreement Drainage Rev. 12/08/98 I. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of hWo& County of On 0144Lt. before me, , personally appeared j%d .&$e *&bw I Date Name($ of Signer@) )91 personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/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. &/*?A Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document 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(ies) Claimed by Signer(s) Signer’s Name: 0 Individual 0 Corporate Officer Tit le( s) : 0 Partner - 0 Limited 0 General 0 Attorney-in-Fact 0 Trustee 0 Guardian or Conservator ci Other: Signer Is Representing: I I Signer’s Name: 0 Individual 0 Corporate Officer Title(s): 0 Partner - 0 Limited 0 General 0 Attorney-i n - Fact 0 Trustee 0 Guardian or Conservator Top of thumb here I I 0 Other: I I Signer Is Representing: I I 0 1995 National Notary Association 8236 Remmet Ave , P.O. Box 7184 Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827