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HomeMy WebLinkAboutCT 05-01; Lagoon Breeze Development Corporation; 2007-0499631; Hold Harmless Agreement/ReleaseRECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 DOC# 2007-0499631 JUL 26, 2007 8:05 AM OFFICIAL RE CORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH COUNTY RECORDER FEES. 0.00 PAGES: 3 3? SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 206-080-25 PROJECT NO. & NAME: CT 05-01 234/236 Date Avenue HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 438-4A) for development to occur on property described as Lot 1 Block T of Palisades No.2, Map 1803, according to Map thereof No. APN: 206-080-25, I/We, Lagoon Breeze Development Corporation, a California 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 H:\Development Services\PROJECTS\CT FILESVCT 05\CT 05-01 Crescent Del Sol Estates - Jimeno\Bonds and AgreementsMHOLD HARMLESS AGREEMENT DRAINAGE (DWG 438-4) Rev. 12/08/98 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 /6 day of Awt/Ptn b&< , 2(kffo. PROPENDPERTY OWNERS Breeze DeyeJ^wrreTif Corporation, a California cbcpofation (Sign Here) Wayne Blassingame, President (Print Name and Title) Date: By: (Sign Here) Date: (Print 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 H:\Development Services\PROJECTS\CT FILES\CT 05\CT 05-01 Crescent Del Sol Estates - Jimeno\Bonds and Agreements\HOLD HARMLESS AGREEMENT DRAINAGE (DWG 438-4) Rev. 12708/98 State of California County of San Diego On (Date) personally appeared before me, O# . {Name, Title of Officer) (J (Name[s] of Signer[s]) ^^ personally known to me -OR - D (proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal BENJAMIN i Commission #15*. s>30 ' Notary Public - California I Son Diego County f MyComm Expires Jun 27.2009f (Thisareafor seal ConvnMon f 19914iO NotoyMMe-CoMbmla •an Otogo County MyConmbplM Jun27.2009 Title or Type of Document Date of Document No. of Pages ^ Signer(s) other than named above H:\Development Services\PROJECTS\CT FILES\CT 05\CT 05-01 Crescent Del Sol Estates - Jimeno\Bonds and Agreements\HOLD HARMLESS AGREEMENT DRAINAGE (DWG 438-4) Rev. 12/08/98