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HomeMy WebLinkAboutCT 04-10A; Shea Homes Inc; 2012-0285554; Hold Harmless Agreement/Release#0 RECORDING IS REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 DOCtt 2012-0285554 lllllllllllllllllliilllllllllllllllllllllllllllll MAY 15, 2012 3:53 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Emesl J. Dronenburg, Jr., COUNTY RECORDER FEES: 0.00 PAGES: 4 SPACE ABOVE THIS LINE FOR RECORDER'S USE 215-020-23 ASSESSOR'S PARCEL NO. ^ PROJECT ID QSlP PROJECT NAME RELATED PROJECT ID: CT 04-10(A) Poinsettia Place aka Vitalia HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan(s) (DWG 469-50) for development to occur on property more particularly described as (see attached, Exhibit "A"), I/We, Shea Homes, Inc., a Delaware 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 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. 1 Q:\CED\LandDev\PROJECTS\CT\CT 01 \CT 01 -10(A) Poinsettia Place - Bobbett\Bonds and Agreements\HOLD HARMLESS AGREEMENT DRAINAGE(DWG 469-5C).doc 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 2^1 day of _ OWNER(S) Shea Hemes, Inc.. a Delaware corporation By: (Sign Here) Paul Barnes, Vice President (Print Name and Title) (Sign Here) Sarah Beckman, Assistant Secretary Date: (Print Name and Title) APPROVED AS TO FORM: RONALD R. BALL City Attorney Deputy City Attome (Proper notarial acknowledgment of execution by owner(s) must be attached) (Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. OthenA/ise, 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.) Q:\CED\LandDev\PROJECTS\CT\CT 01\CT OI-IO(A) Poinsettia Place - Bobbett\Bonds and Agreements\HOLD HARMLESS AGREEMENT DRAINAGE(DWG 469-5C).doc EXHIBIT A Order No.: 930022870-U50 LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 23, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDLW, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNL\, ACCORDING TO THE OFFICIAL PLAT THEREOF. APN: 215-020-23 END OF LEGAL DESCRIPTION CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County } OnTebhAAW M\!L before me, I^HA personally appeared ^ HereJIrlsert Name and TItfe of the Officer I ' ^ Name(s) of Signer(s) Mi RANA KHOURY Commitiiofl # 1916985 Notary Public • California San Oiago County g My Comm. EnplfW Doc 13.20141 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) j^/are subscribed to the within instrument and acknowledged to me that +ie/she/they executed the same inHiis/her/their authorized capacity (ies), and that by I'ws/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature 3 OPTIONAL - Signature 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) Othier Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: • individual • Corporate Officer —Titie(s): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Otiier: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thunnb here Signer's Name: • individual • Corporate Officer — Titie(s): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here ©2007 National Notary Association•9350 De Soto Ave., RO.Box 2402*Chatsworth, CA 91313-2402•www.NationalNotary.org Item #5907 Reorder:CallToll-Fi:ee 1-800-876-6827 Q:\CED\LandDev\PROJECTS\CT^CT 01\CT 01-10{A) Poinsettia Place - Bobbett\Bonds and Agreements\HOLD HARMLESS AGREEMENT DRAINAGE(DWG 469-5C).doc