HomeMy WebLinkAboutMS 01-02; McMillin Montara LLC; 2003-1486883; Hold Harmless Agreement/ReleaseDOC # 2003-1486883
. RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
OFFICIAL RECORK S4N DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH, CDUNTV RECORDEK FEES: 0.00
SPACE ABOVE THIS LINE FOR RECORDERS USE
ASSESSOR'S PARCEL NO.: 168-292-29-00
PROJECT NO. & NAME: MS 01-02
Calavera Hills Villlage R
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City's approval of a drainage plan (Plan No. 412-3A) for
development to occur on property described as attached Exhibit "A, (I)We, McMillin Montara,
LLC, a Delaware 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
occurring during the construction work or improvements as specified in this agreement.
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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
I assigns having an interest in all or any part of the property described herein.
IN WITNESS WHEREOF, the undersigned has executed this instrument this I ‘4*
day of
PROPERTY OWNERS
McMillin Montara. LLC. a Delaware limited liabilitv comDanv (name of Princioal) By: McMillin Management Services, LP, A California
limited partnership, Its Manager
By: Corky Inc, A California
By:
(Sign Here)
Brian Millich, Senior Vice President
(Print Name and Title)
/(Sign Here)
Don Mitchell, Vice President
(Print Name and Title)
Date: 14. 03
(Proper notarial acknowledgment of execution by SUBDIVIDER 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.)
APPROVED AS TO FORM:
RONALD R. BALL City Attorney
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H:/Development ServiceslMastenlBands 8 AgreeermWHold Harmless Agreement Drainage Rev. 12/08/98
State of California
County of San Diego
On (I- (q- 0 3 before me, < “iC.9 I (Date) vu (Name, Title of Officer)
personally appeared 7\0 nt M-+-dhd w &,,ox, ‘kcb
(Name[s] of Signer[s]) / personally known to me -OR - U
(proved to me on the basis of satisfactory evidence) to be the person(s) whose name@)
idare subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in hislherltheir authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or entity upon behalf of which the person@)
acted, executed the instrument.
WITNESS my hand and official seal
(This area for
,official notary seal)
- 0 1 - oz, Title or Type of Document hid b&$ 5 /!tqf J2aWGt If&- z”lz-23-00;dl~1L
4- No. of Pages
Of a-4- l/lef, so03 Date
Document
Signer(s) other than named above
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EXHIBIT “A”
LEGAL DESC RI PTlON
A PORTION OF LOT 168 AND THE REMAINDER PARCEL OF CARLSBAD TRACT NO. 83-19
CALAVERA HILLS VILLAGE “T”, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12951, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON JULY 16,1992.
SAID PROPERTY BEING DESCRIBED AS PARCEL A IN A CERTIFICATE OF COMPLIANCE
OF SAID SAN DIEGO COUNTY.
RECORDED SEPTEMBER 20, 2000 AS FILE NO. 2000-0503706 OF 0 FFlClAL RECORDS
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