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Home My WebLink AboutCT 06-25; Calavera Hills II LLC; 2009-0314434; 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 DGCtf 2009-0314434 JUN10,2009 11:01 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE DAVID L. BUTLER, COUNTY RECORDER FEES: 0.00 PAGES: M1 M SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 168-360-02,168-360-08 PROJECT ID: CT 06-25 PROJECT NAME: Robertson Ranch East Village PA 21 RELATED PROJECT ID: HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan(s) (DWG 461-6) for development to occur on property more particularly described as LOTS 2 AND 11 OF CARLSBAD TRACT NO. 02-16 ROBERTSON RANCH EAST VILLAGE, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 15608, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 18, 2007, TOGETHER WITH PORTIONS OF CANNON ROAD, HILLTOP STREET AND GLEN AVENUE ADJACENT THERETO AS SHOWN ON SAID MAP, 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 1 H:\Development Services\PROJECTS\CT FILES\CT 06\CT 06-25 Robertson Ranch PA 21 - RiddleXB & A\HOLD HARMLESS AGREEMENT DRAINAGE (DWG 461-6).docx 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. 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. 2 H:\Development Services\PROJECTS\CT FILES\CT 06\CT 06-25 Robertson Ranch PA 21 - Riddle\B & A\HOLD HARMLESS AGREEMENT DRAINAGE (DWG 461-6).docx IN WITNESS WHEREOF, the undersigned has executed this instrument this day of ^JJjUp 20 0*1. OWNER(S) Calavera Hills II LLC By: Brookfield Tamarack LLC a Delaware lited liability company APPROVED AS TO FORM: RONALD R. BALL City Attorney By: (Sign Here) Adam D. Pevney, Assistant Vice President Date: By: (Print Name and Title) ^^^U^-.y ^XSign Here) David R. Poole, Vice President (Print Name and Title) Date: Deputy City Attorn? (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.) H:\Development Services\PROJECTS\CT FILES\CT 06\CT 06-25 Robertson Ranch PA 21 - Riddle\B & A\HOLD HARMLESS AGREEMENT DRAINAGE (DWG 461-6).docx CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Diego ss. On May 4. 2009 _, before me, Gladys M. Eddy-Lee, Notary Public, personally appeared David R. Poole and Adam D. Pevney, Commtaton* 14731 71 *» Dtogo County My Comm. fxptas jut 4. 2010 who proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons 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 seal. Place Notary Seal Above Signature of Notary Public 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:Number of Pages:_ Signer(s) Other Than Named Above:. Capacities Claimed by Signers Signer's Name: D Individual D Corporate Officer - Title D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer is representing Right Thumbprint of Signer Top of thumb here Signer's Name: D Individual D Corporate Officer - Title D Partner - D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer is representinq Right Thumbprint of Signer Top of thumb here