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HomeMy WebLinkAboutCT 12-05; Taylor Morrison of California LLC; 2013-0525819; Hold Harmless Agreement/Release(4 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 DOCtt 2013-0525819 01 AUG 22, 2013 8:11 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 0.00 PAGES: 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO. PROJECT ID PROJECT NAME RELATED PROJECT ID: 223-050-71-00 CT 12-05 La Costa Residential HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan(s) (DWG 477-9A) for development to occur on property more particularly described as (see attached, Exhibit "A"), lAA/e, Taylor Morrison of California, 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 12\CT 12-05 La Costa Residential - Levy\B & A\HOLD HARMLESS AGREEMENT DRAINAGE (DWG 477-9A).doc 01/25/13 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 ofthe property described herein. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// 2 Q:\CED\LandDev\PROJECTS\CT\CT 12\CT 12-05 La Costa Residential - Levy\B & A\HOLD HARMLESS AGREEMENT DRAINAGE (DWG 477-9A).doc 01/25/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this day of APPROVED AS TO FORM: CELIA BREWER City Attorney OWNER(S) Tavlor Morrison of California, LLC. a California limited liabilitv companv By: U (Sign Here) (Sign Here) J. Thomas Baine, Vice President Date: By: _ (Print Name and Title) (Sign Here) Philip S. Bodem, Vice President Date: (Print Name and Title) 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. OthenA/ise, 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\LandDev\PROJECTS\CT\CT 12\CT 12-05 La Costa Residential - Levy\B & A\HOLD HARMLESS AGREEMENT DRAINAGE (DWG 477-9A).doc 01/25/13 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On ^Lx-\^ 2> iP-()\3 before me c) Date » } Here Insert Name and Title of the Officer ^ \ personally appeared ry.^V\Drwt3Ty:ufv rXjrA. IPl^Ai-p S.'"BQcW-y-s Name(s) of Slgner(s) \ \ GRACE S. ANDERSON Commission # 1991524 Notary Public • California | I \;^mmW/ Orange County g I My Comm. Expires Sep 17.20161 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 hj^/^e/they executed the same in l/s/WerAheir authorized capacity (ies), and that by Ijils/l^er/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) 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. OPTIONAL Signature of Notary Public Though the information below is not required by iaw, 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: V^IA V^JT/NAI^^S f\^l^flsnr\fjf\\' / T>r^ iA^/^<^> Document Date: Signer(s) Other Than Named Above: Number of Pages: Capacity(ies) Claimed by Signer(s) Signer's Name: • Individual • Corporate Officer — Title(s): • Partner —• Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer's Name: • individual • Corporate Officer — Title(s): • Partner — • Limited • General • Attorney In Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Oiatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder. Call Tdl-Fcee 1-800-876-6827 Q:\CED\LandDev\PROJECTS\CT\CT 12\CT 12-05 La Costa Residential - Levy\B & A\HOLD HARMLESS AGREEMENT DRAINAGE (DWG 477-9A).doc 01/25/13 Order Number: NCS-524711-CC Page Number: 9 LEGAL DESCRIPTION Real property In the City of Carlsbad, County of San Diego, State of California, described as follows: PARCEL 1 AS SHOWN ON THAT CERTAIN PARCEL MAP 20982 IN THE OFFICE RECORDER OF THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. APN: 223-050-68-00 and 223-060-31-00 NEW APN : 223-050-71-00 F/rst American T/t/e Insurance Company