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Home My WebLink AboutCT 04-11; Poinsettia Commons LLC; 2007-0506020; Hold Harmless Agreement/Release3421 RECORDING REQUESTED BY: Carlsbad City Clerk's Office WHEN RECORDED MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 DOC# 2007-0506020 JUL30, 2007 9:17 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE G Fi E G 0 RY J S MIT H. CO U N TY Fl E CO R D E R FEES: 0,00 PAGES: S 2007-0506020 SPACE ABOVE THIS LINE FOR RECORDER'S USE City of Carlsbad Hold Harmless Agreement Drainage Re-record to correct Document No. 2007-0287677 of April 27, 2007. In line 1 of the text, this drawing number (DWG 442-1 A) is incorrect. The correct drawing number is (DWG 442-4A). DOC # '2007-0287677 RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 6? APR 27, 2007 11 '46 AM OFFICIAL RECORDS SAN DIEGO COUNT. RECORDER'S OFFICE GREGORY I SMITH COUNTY RECORDER FEES 2000 PAGES 5 -2007=0287-67-7- SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 241-450-30 PROJECT NO. & NAME: CT 04-11 Poinsettia Commons 3422 HOLD HARMLESS AGREEMENT DRAINAGE (DWG 442-4A) In consideration of the City's approval of a drainage plan (DWG 442 1A) for development to occur on property described as (see attached, Exhibit "A"), according to Map thereof No. APN 241-450-30, I/We, Poinsettia Commons, LLC, a Delaware 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 t employee thereof be liable or responsible for any accident, loss or damage happening or H:\Development Services\PROJECTS\CT FILES\CT 04\CT 04-11 Poinsettia Transit Village - RicMBonds and Agreements\HOLD HARMLESS AGREEMENT DRAINAGE(DWG 442-1 ).doc 3423 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 "^/^ day of stysi / , 20^^ PROPERTY OWNERS Poinsettia, Commons, LLC, a Delaware limited liability company By: SC 102 Poinsettia Limited Partnership, a Delaware limited Partnership, its sole member By: TCR Southern California IILJnc.,ji Texas corporation its general By: (Sign'Here*) (Print Name and Title) Date: By:_ (Sign "here) (Print Name and Title) Date: (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 ^2~ Deputy City Attorney 2 H:\Development Services\PROJECTS\CT FILES\CT 04\CT 04-11 Poinsettia Transit Village - Rick\Bonds and Agreements\HOLD HARMLESS AGREEMENT DRAINAGE(DWG 442-1 ).doc 3424 California Ail-Purpose Acknowledgment State of California County of Orange On April 4. 2007 before me, Maria C. Mendivil. Notary Public, personally appeared Brad Perozzi. personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacities, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. MARIA C.MENDMt Commission #1421813 200,1 3425 California Ail-Purpose Acknowledgment State of California County of Orange On April 4. 2007 before me, Maria C. Mendivil Notary Public, personally appeared Robert LaFever. personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacities, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary Public MARIA C. MENDIVIL L Commission # 1421813 I Notary Public - California \ Orange County f My Comm. Expires Jun 2,20071 • • • w • • v vt c o 3426 EXHIBIT "A" LOT 5 OF CARLSBAD TRACT NO. 97-10, POINSETTIA PROPERTIES, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 13785, FILED IN THE OFFICE OF THE COUNTY RECORDED OF SAN DIEGO COUNTY ON MAY 21, 1999. APN: 214-450-30-00