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HomeMy WebLinkAboutCT 05-10; K. HOVNANIAN AT CARLSBAD, LLC; 2011-0240059; Hold Harmless Agreement/ReleaseRECORDING 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 2011-0240059 MAY 09, 2011 3:12 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dmnenburg, Jr., COUNTY RECORDER FEES: 0.00 PAGES: 4 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 214-471-53 PROJECT ID: CT 05-10 PROJECT NAME: Poinsettia Properties, The Tides RELATED PROJECT ID: HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan(s) DWG 469-8A for development to occur on property more particularly described as (see attached Exhibit "A"), I/We, K. Hovnanian at Carlsbad, 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 1 Q:\CED\LandDev\PROJECTS\CT\CT 05\CT 05-10 Poinsettia Property - Rick, BobbetttB & A\HOLD HARMLESS AGREEMENT DRAINAGE (DWG 469-8A).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 Apvd , 20.11 . OWNER(S) K. Hovnanian at Carlsbad, LLC, a California limited liability company (Print Name ana Title) Date: By: (Sign Here) (Print Name and Title) Date: APPROVED AS TO FORM: RONALD R. BALL City Attorney By: eputy City Attorney (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. 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.) Q:\CED\LandDe\APROJECTSVCT\CT 05\CT 05-10 Poinsettia Property - Rick, Bobbett\B & A\HOLD HARMLESS AGREEMENT DRAINAGE (DWG 469-8A).doc EXHIBIT "A" LOT 171 OF CARLSBAD TRACT 73-24, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 7996, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY AUGUST 2, 1974. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On Bate personally appeared CATHIE ZHOU Commission # 1819063 ^ Notary Public - California z San Bernardino County My Comm. P«ptr«»0ct21.20l2 who proved to me on the basis of satisfactory evidence to be the person)^ whose namejxC^are subscribed to the within instrdmnent and acKnowledged to me that (jigl&he/they executed the same ir(lTls7hej#heir authorized capacity^jes); and that bxJTJ§faef#heir signaturetef on the instrument the person^, or the entity uporr behalf of which the person^ 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 correc WITI Place Notary Seal Above 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. inscription of Attached Document Title or Typfe^ot Document: Document Date: Signer(s) Other Than Named Above> Number of Capacity(ies) Claimed by Signer(s) Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General O Attorney in Fact D Trustee D Guardian or Conservati D Other: Signer Is; Repj^enting: SignXsName:. D Individu D Corporate OfTiser — Title(s): D Partner — D LirniteekD General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll-Free 1 -800-876-6827