HomeMy WebLinkAboutCT 09-01; CALAVERA HILLS II LLC; 2010-0369180; Hold Harmless Agreement/ReleaseDOC 8 2010-0369180
RECORDING 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
JUL22, 2010 2:52 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
DAVID L BUTLER, COUNTY RECORDER
FEES: 0.00
PAGES:
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.: 168-360-03/168-050-55
PROJECT ID: CT 09-01
PROJECT NAME: Robertson Ranch PA 22
RELATED PROJECT ID:
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City's approval of a drainage plan(s) (DWG 466-8A) for
development to occur on property more particularly described as Lot 3 of Map 15608 and a
portion of Parcel 2 of Parcel Map 19804, 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
1
H:\Development Services\PROJECTS\CT FILES\CT 09\CT 09-01 Robertson Ranch PA 22 - BobbetttB & A\HOLD HARMLESS AGREEMENT DRAINAGE(DWG 466-8A).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 gj?#
day of &,yQAxJ? 20 16 .
OWNER(S)
Calavera Hills \\, LLC, a California limited liability company
By:
(/ £/ (Sign Here)
David R. Poole, Vice President
(Print Name and Title)
Date:
Date:
Adam D. Pevney, Assistant Vice President
(Print Name and Title)
4/C&/10
APPROVED AS TO FORM:
RONALD R. BALL
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.)
H:\Development Services\PROJECTS\CT FILES\CT 09VCT 09-01 Robertson Ranch PA 22 - BobbetftB & A\HOLD HARMLESS AGREEMENT DRAINAGE(DWG 466-8).doc
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of San Diego
ss.
On April 28. 2010 before me, Gladys M. Eddy-Lee, Notary Public, personally
appeared Adam D. Pevney and David R. Poole,
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.
GLADYS M. EDDY-LEE
Commtolon #1673171
CoMtofnta
Son Dtego County
MyComm. Expires Jul4* II. 2010)
99 \
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.
J2L
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
n Partner — D Limited D General
n Attorney in Fact
G Trustee
D Guardian or Conservator
D Other:
Siqner is representing
Right
Thumbprint of
Signer
Top of thumb
here
D Individual
D Corporate Officer - Title
D Partner - n Limited D General
D Attorney in Fact
D Trustee
D Guardian or Conservator
D Other:
Siqner is representing
Right
Thumbprint of
Signer
Top of thumb
here