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Home My WebLink AboutMS 02-08; Los Coches Village LLC; 2005-0461261; Hold Harmless Agreement/ReleaseDOC # m5-O461261 RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 I llllllll Ill lllll111ll Ill11 11111 Ill11 11111 11111 11111 11111 Ill11 1111 1111 JUN 02,2005 8:39 AM OFFICIAL RE CURDS SAN DIEGO CUIJNTY RECORDER'S OFFICE GREGORY ,J SMITH, LOUNT'Y RECORDER FEES 0 uu w.G E s 4 I111111 lllll Plll Ylll Ill11 Ill11 Illll Hlll Ill11 Ill11 Ill11 1111 Ylll lllllM11 IIII SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 255-031 -20 PROJECT NO. & NAME: MS 02-08 Los Coches Village HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval for development to occur on property described as attached Exhibit "A', We, Los Coches Village, LLC, 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. It is further agreed that the above owner(s) will maintain all drainage systems to insure a 1 H:/Development ServicedMasterdBonds & AgreeemntslHold Harmless Agreement Drainage Rev. 12/08/98 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. tic IN WITNESS WHEREOF, the undersigned has executed this instrument this /s/ dayof A?d ,2005 . PROPERTY OWNERS Los Coches ullage, LLC~W York limited liability nia corporation, Fknagi ng Craig W. Clark, President/Secretary ' (Print Name and Title) By: (Sign Here) (Print Name and Title) Date: (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 By: ht City Attorvey 2 H:/Development Services/Masters/Bonds 8, ngreeemnts/Hold Harmless Agreement Drainage Rev. 12/08/98 State of California ) ) County of San Diego 1 before me, Juuh/tt 4. Lw, /?c, (Name, Me of Officer) (Name[s] of Signer[s]) personally appeared dpersonally known to me -OR - 0 (proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) idare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their 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(s) acted, executed the instrument. WITNESS my hand and official seal Signature of wary (This area for official notary seal) Title or Type of Document Date of Document &&5%w&~ -&24hq& U &%f 7 /#' aw NO. of Pages 4, I-, Signer(s) other than n:rned above &c&& a *-.cl. 3 H:IDevelopment ServicesfMastedBonds & AgreeemntdHold Harmless Agreement Drainage Rev. 12/08/98 .. EXHIBIT "A" LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO AND IS DESCRIBED AS FOLLOWS: PARCEL 1 OF PARCEL MAP NO. 13970, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 25, 1985 AS FILE NO. 85-355261 OF OFFICIAL RECORDS. EXCEPT ALL WATER, WATER RIGHTS, OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL GAS, NATURAL GAS RIGHTS AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN, GEOTHERMAL STEAM AND ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING, THAT MAY BE WITHIN OR UNDER THE PARCEL OF LAND DESCRIBED ON THIS EXHIBIT, TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING AND OPERATING THEREFOR AND STORING IN AND REMOVING THE SAME FROM SAID LAND OR ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM LANDS. OTHER T€?AN THOSE HEREINRBOVE DESCRIBED, WATER, OIL OR GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE LAND HEREINABOVE DESCRIBED AND TO BOTTOM SUCH WHIPSTOCaD OR DIRECTIONALLY DRILLED WELLS, TUNNELS AM3 SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES, WITHOUT, HOWEVEk, THE RIGHT TO DRILL, MINE, STORE, EXPLORE AND OPERATE THROUGH THE SURFACE OF THE UPPER 500 FEET OF THE SUBSURFACE OF THE LAND HEREINABOVE DESCRIBED.