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HomeMy WebLinkAboutCT 02-28; Calso LLC; 2007-0603872; Hold Harmless Agreement/ReleaseRECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 DQC# 2007-0603872 SEP 13, 2007 3:13 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE G R E H 0 RY, I. S MIT H. CO U N TY R E CO R D E R FEES: 16.00 PAGES: SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 216-160-27-00 PROJECT NO. & NAME: CT 02-28 La Costa Condominiums (Calso, LLC) HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 422-4B ) for development to occur on property described as Lot 185 of La Costa South Unit No. 1, in the City of Carlsbad, in the County of San Diego, State of California, according to Map thereof No. 6117, filed in the Office of the County Recorder of San Diego County, June 3, 1968, I/We, Calso, 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 H:\Development Services\PROJECTS\CT FILES\CT 02\CT 02-28 La Costa Condos - Jimeno\Bonds and Agreements\HOLD HARMLESS AGREEMENT DRAINAGE - Calso sign .doc 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 A i ^>oday of /-Vk,C6^» f 20_fV. PROPERTY OWNERS Calso, LLC, a California limited liability company (Sign Here) Kwan L. So, Managing Member Name and Title) (Sign Here) (Print Name and Title) Date: SLBI(Proper notarial acknowledgment of execution by SLFBDIVIDER 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 Deputy City Attorrey 2 H:\Development Services\PROJECTS\CT FILES\CT 02\CT 02-28 La Costa Condos - JimenoVBonds and Agreements\HOLD HARMLESS AGREEMENT DRAINAGE - Calso sign.doc State of California County of San Diego On fl*J_. Z, JWj (Pate) personally appeared before me, JV>£ (Name, Title of Officer) So. (Name[s] of Signer[s]) _,. D personally known to me -OR - (proved to me on the basis of satisfactory evidence) to be the person^ whose name($f is/are^ subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/hor/their authorized capacityjies'j, and that by his/her/their signature^ on the instrument the person^ or entity upon behalf of which the personjxf acted, executed the instrument. WITNESS my hand and official seal Signature of Notary U (This area for official notary seal) Title or Type of Document Date of Document fiuJI Signer(s) other than named f-fotA fJftA.tH/C'&s /):9r&£M/n-J- 3>£&//<JA.4£, 2, ^od^ above No. of Pages 3 //w/W//t/ 7ft u />«/*• H:\Development Services\PROJECTS\CT FILES\CT 02\CT 02-28 La Costa Condos - Jimeno\Bonds and Agreements\HOLD HARMLESS AGREEMENT DRAINAGE • Calso sign.doc GOVERNMENT CODE 27361.7 I CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS: Name of the Notary:. u Commission Number; / & *> 3" ° ^ Date Commission Expires: ^yo9 County Where Bond is Filed: Manufacturer or Vendor Nurnber:_ (Located on both sides of the notary seal border) Signature: Firm Name (if applicable) Place of Execution: /w-fro*- CfV Date; Rec. Form #R10 (Rev. 7/96}