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Home My WebLink AboutMS 05-15; St Claire, John; 2007-0317712; Hold Harmless Agreement/ReleaseDQC# 2007-0317712 RECORDING REQUESTED BY WHEN RECORDED MAIL TO City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr Carlsbad, CA 92008 MAY 09, 2007 3:41 PM OFFICIAL RE CORDS S,",N DIEGO CO LI NT'i RECORDER'S OFFICE GREGOFliJ SMITH COUNTY RECORDER FEES 0 00 PAGES 4 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 216-240-51-00 PROJECT NO. & NAME: MS 05-15 Qflr 2227 Levante St - Levantamar Condos HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval for development to occur on property described as (see attached, Exhibit "A"), according to Map thereof No APN 216-240-51-00, I/We, John St Claire, a married man as his sole and separate property, 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 1 H \Development Services\PROJECTS\MS FILES\MS 05\MS 05-15 Levantamar Lot 216- Rick\Bonds and AgreementVHOLD HARMLESS AGREEMENT DRAINAGE doc 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 '^- ^V day of /^ctrol^ 20 O 7 PROPERTY OWNERS John St Claire, a martled man as his sole and separate property By (Sign Here) <r (Print Name and Title) Date 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 Deputy City Attorney 2 H \Development Services\PROJECTS\MS FILESWIS 05WIS 05-15 Levantamar Lot 216- RicMBonds and AgreementtHOLD HARMLESS AGREEMENT DRAINAGE doc State of California County of San Diego On Z-tt before (Date) personally appeared J^ TUv (Name, Title of Officer) (Name[s] of Signer[s]) j_± a personally known to me -OR - D (proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me tha^e/she/they executed the same m^fjis/her/their authorized capacity(ies), and that by^Js/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 M. MORGANS; COMM # 1474003 «NOTARY PUBLIC-CALIFORNIA W SAN DIEGO COUNTY 0 Signature of (This area for official notary seal) Title or Type of Document Date of Document No of Pages Signer(s) other than named above H \Development Services\PROJECTS\MS FILESWIS 05\MS 05-15 Levantamar Lot 216- RicMBonds and Agreement\HOLD HARMLESS AGREEMENT DRAINAGE doc Exhibit "A" LOT 216 OF LA COSTA SOUTH UNIT NO. 3, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 6533, FILED IN THE OFFICE OF THE COUNTRY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 3, 1969.