HomeMy WebLinkAboutCT 03-01-01; Arenal Road LLC; 2007-0650786; Hold Harmless Agreement/Release2350 DOC# 2007-0650786
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RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
00709,2007 11:04 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY,! SMITH. COUNTY RECORDER
FEES: 13.00
PAGES:
2007-0650786
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.: 216-590-19
PROJECT NO. & NAME: CT 03-01 -01
LA COSTA RESORT & SPA. PHASE 3
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City's approval of a drainage plan (DWG 450-3A) for
development to occur on property described as Parcel 'A' per Certificate of Compliance CE 05-
38 recorded December 22, 2005 as Doc No. 2005-109-4980, according to Map thereof No.
APN 216-590-19, I/We, Arenal Road, 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 03\CT 03-01-01 La Costa Resort & Spa Phase 3-Van PeskiVBonds and Agreements\HOLD HARMLESS AGREEMENT
DRAINAGE(450-3A).doc
2351
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 0*0^
day of OowW , 20 OH .
PROPERTY OWNERS
Arenal Road, LLC, a California limited liability company
Bv: G Companies Homebuildina. LLC, a California
limited liability company, its member
Bv: Cameo Homes, a California corporation, its
mariaae/and jme/nber
By:_
(Sign Here)
James C. Gianulias, President
(Print Name and Title)
Date:
By:
($fgn Here)
Date:
rint 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:
Deputy City Attorney
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DRAINAGE(450-3A).doc
2352
State of California
County of San Diego
OnDaU
(Dat
K^ftnbefore me(d^tL
(Date)
-< A
personally appeared "OO^rvxg-t? L^ •
(Narrrer Title of Officer)
(Name[s] of Signer[s])
L personally known to me -OR - n
(proved lu rne-on the baoio of oortisfaotory ovidonco) to be the person(e) whose name^s)
is/afe subscribed to the within instrument and acknowledged to me that he/ahc/thoy
executed the same in his/hor/theJr authorized capacity(ies), and that by his/hor/thoifr
signature(«)- on the instrument the person(«), or entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal
Signature of Notary
IRrfVf wirainiWW
Commtoton * 170*W«
Orong* County
(This area for
official notary seal)
Title or Type of Document [4ol Q, \\OJW
Date of Document 1 1 cPS 1 £H
V\£tfo HMMmttuI' lVvUi«VM(C
No. of Pages 3
Signer(s) other than named above
H:\Development Services\PROJECTS\CT FILES\CT 03\CT 03-01-01 La Costa Resort & Spa Phase 3-Van Peski\Bonds and Agreements\HOLD HARMLESS AGREEMENT
DRAINAGE(450-3A).doc