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Home My WebLink AboutCT 06-13; Lennar Homes of California; 2014-0369882; Hold Harmless Agreement/ReleaseRECORDING IS REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD WHEN RECORDED MAILTO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr Carlsbad, CA 92008 DOCtt 2014-03G9882 lllllllllllllllllllllllilllllllllliillllllllliy AUG 27, 2014 4:39 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 0.00 PAGES: 7 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: PROJECT ID: 212-050-21 & 212-050-33 CT 06-13 PROJECT NAME: Tabata 10 RELATED PROJECT ID: HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan(s) (DWG 472-7C) for development to occur on property more particularly described as (see attached, Exhibit "A"), lA/Ve, Lennar Homes of California, Inc., 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. WFILESOI \ADepartnnents\CED\LandDev\PROJECTS\CT\CT 06\CT 06-13 Tabata 10 - Levy\B and A\HOLD HARMLESS AGREEMENT DRAINAGE (DWG 472-7C).doc 01/25/13 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. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// WFILESOI V\Departments\CED\LandDev\PROJECTS\CT\CT 06\CT 06-13 Tabata 10 - Levy\B and A\HOLD HARMLESS AGREEMENT DRAINAGE (DWG 472-7C).doc 01/25/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this day of. _, 20 IV . OWNER(S) Lennar Homes of California, Inc., a California corporation By: Date: By: _ ign Here) Vice President me and Title) Jonathan ign Here) , Chief Operating Officer Date: (Print Name and Title) Jl2^/iH APPROVED AS TO FORM: CELIA BREWER City Attorney ?0N KEMP Assistant 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.) WFILES01V\Departments\CED\LandDev\PROJECTS\CT\CT 06\CT 06-13 Tabata 10 - Levy\B and A\HOLD HARMLESS AGREEMENT DRAINAGE (DWG 472-7C).doc 01/26/13 EXHIBfT "A" LEGAL DESCRIPTION THE PROPERTY PR 14-32 PARCELS 1 AND 2 OF PARCEL MAP NO. 2481, IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 21,1974. DOUGI^AS B. STPTOUP P.L.S. 8553 HUNSAKER & ASSOCIATES SAN DIEGO, INC. PAGE 1 OF 1 EXHIBIT "B" LEGAL DESCRIPTION THE EASEMENT PR 14-32 CAMINO HILLS DRIVE AS OFFERED FOR DEDICATION FOR PUBLIC HIGHWAY PER DOCUMENT RECORDED OCTOBER 10,1984 AS DOCUMENT NO. 84-384022 OF OFFICIAL RECORDS OF THE COUNTY OF SAN DIEGO. DOUGkS^S B. STROUP P.LS. 8553 HUNSAKER & ASSOCIATES SAN DIEGO, INC. PAGE 1 OF 1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of .^IW^ } OnXi^pg,^ beforeme. O^k ^^^1^^^ personally appeared y^lnia (h^^gyCX^n ^ ^.^^^^j;^'^'^'^ CJoAlk. '"*''*''*~*-'*-^-*- - -I , » ,f JOLIE LANNON-BERRY I Commission # 1965722 I Notary Public - California i Orange Counfy 5 l^y Comm. Expires Jan 6. 20161 I • • • * 1 I • » I t > 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 ft^sh^ey executed the same in ^ilaflw/lheir authorized capacity(ies), and that by Nafliefiftheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrufnent. 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 andyafficial seal Place Notary Seal Above Signature OPTIONAL Though the Information befow is not required by law. it may prove valuable to persons raying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Docuinent Title or Type of Document: Document Date: . Number ot Pages:. Signer(s) OtherThan Named Above: Capacity(ie8) Claimed by Signer(s) Signer's Name:. • Individual -Title(s): • Corporate Officer • • Partner —• Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • aher:. Signer Is Representing: RIGHT THUnBPRItJT OF SIGtlt R Top of thunnb here Signer's Name: • Individual • Corporate Officer—Title(s): • Partner — • Limited • General • Attorney In Fact • Trustee • Guardian or Conservator • Other: nicHrTiiuursPRitJT Top of thumb here Signer Is Representing:. O2007 National Notary Assodatk)n'-(m)De Solo Aw., P.O. Box 2«2-Chal»«^ hernKSSO/ naonlBrCa«tb(H%Be1-80M76.«827 \\FILES01\ADepartments\GED\LandDev\PROJECTS\CT\CT 06\CT 06-13 Tabata 10 - Levy\B and A\HOLD HARMLESS AGREEMENT DRAINAGE (DWG 472-7C).doc 01/25/13