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HomeMy WebLinkAboutCT 03-01-01; Arenal Road LLC; 2007-0650786; Hold Harmless Agreement/Release2350 DOC# 2007-0650786 3? 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 H:\Development Services\PROJECTS\CT FILES\CT 03\CT 03-01-01 La Costa Resort & Spa Phase 3-Van Peski\Bonds and AgreementsMHOLD HARMLESS AGREEMENT 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