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HomeMy WebLinkAboutCT 04-26; Calavera Hills II LLC; 2008-0199440; Hold Harmless Agreement/ReleaseDGC# 2008-0199440 RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 APR 15, 2008 2:39 PM OFFICIAL RE CORDS SAN DIEGO COUNTY RECORDER'S OFFICE RREHORYJ. SMITH. COUNTY RECORDER FEES: 0.00 PAGES: SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 168-361-01-00 PROJECT NO. & NAME: CT 04-26 Robertson Ranch East Village PA 16,17,18 HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 453-8A) for development to occur on property described as Lot 5 of CT 02-16 per Map No. 15608 recorded September 18, 2007, according to Map thereof No. APN 168-361-01-00, I/We, Calavera Hills II, 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 employee thereof be liable or responsible for any accident, loss or damage happening or H:\Development Services\PROJECTS\CT FILES\CT 04\CT 04-26 Robertson Rancti East Village - Riddle\Bonds and Agreement\HOLD HARMLESS AGREEMENT DRAINAGE(DWG 453-8AJ.doc 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 C0Wi//W/ 20 £# . PROPERTY OWNERS Calavera Hills II, LLC. a California l>nited liability company By: (Sign Here) Brian Milich, Sr. Vice President (Print Name and Title) Date: By: . (Sign Here) Don Mitchell, Sr. Vice President Date: (Print Name and Title) I .3.1- 08 (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 Deputy City Attorne H:\Development Services\PROJECTS\CT FILES\CT 04\CT 04-26 Robertson Ranch East Village - Riddle\Bonds and AgreemenftHOLD HARMLESS AGREEMENT DRAINAGEfDWG 453-8A).doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County o, On SdY> S0i)&before me, personally appeared In Rf *"" fffl~Here Insert NameJInd Title of the Office WU\lcVl A Narne(s) of Signer(s) WAUACI Commmton * 1M70M n«9o County l%Convn.t|)Mi jgn MX9010 who proved to me on the basis of satisfactory evidence to be the personfs]) whose name(s])4e#re)subscribed to the within instrument and acknowledged to me that Iw/Ahe^e^executed the same in11 iib/hei'^|teipButhorized capacity^psT) and that by his/her/their signature^])on the instrumentuie person^P or the entity upon behalf of which the person(§J>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 saal. Pface Notary Sea! Above Signature OPTIONAL - 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: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Individual Corporate Officer — Title(s): Partner — Limited General .. Attorney in Fact Trustee Guardian or Conservator ; Other: Signer Is Representing: . Number of Pages:. Signer's Name:_ Individual RIGHT THUMBPRINT | OF SIGNER Top o' thumb here Corporate Officer — Title(s): .. Partner — . Limited .. General .' Attorney in Fact ._". Trustee •_' Guardian or Conservator :. Other: RIGHT THUMBPRINT OF SIGNER Signer Is Representing:. ©2007 National Notary Association • 9350 De Solo Ave.. PO. Box 2402 •Chatsworth. 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