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HomeMy WebLinkAboutPD 06-18; HCP AUR1 California A Pack LLC; 2010-0001776; Hold Harmless Agreement/ReleaseDQC# 2010-0001776 * 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 JAN 04, 2010 2:51 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.: 167-090-72-00 PROJECT ID: PD 06-18 PROJECT NAME: Brighton Gardens (aka Emeritus at Carlsbad) RELATED PROJECT ID: HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan(s) (DWG 446-8A) for development to occur on property more particularly described as Parcels A, B, & C as shown per adjustment plat per doc. No. 1997-0210207, I/We, HCP AUR1 California A Pack, 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 1 U:\Files\Emeritus\Carlsbad\Subrnission Follow-up\HOLD HARMLESS AGREEMENT DRAINAGE (DWG 446-8AJ.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 &./ day of fr ovfm oc/~ 20 Of OWNER(S) HCP AUR1 California A Pack LLC, a Delaware limited Liability comDanv By: (Sign Here) Susan M Tate, Executive Vice President (Print Name and Title) Date: By: (Sign Here) (Print Name and Title) Date: APPROVED AS TO FORM: RONALD R. BALL City Attorney (Proper notarial acknowledgment of execution by owner(s) must be attached) (Chairman of the Board, President, or any Vice-President and secretary, any assistant secretary, the Chief Financial Officer, or any assistant treasurer must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) U:\Files\Emeritus\Carlsbad\Submission Follow-upMHOLD HARMLESS AGREEMENT DRAINAGE (DWG 446-8A).doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California LosCounty of On -r 3D, Date personally appeared before me, n M • A/o^ Here Insert Name and Title of the Name(s) of Signer{s) MICHELLE ANN PEFFER I Commission # 1699297 I Notary Public - California \ Los Angeles County i My Comm. Expires Oct 17,2010$ Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name^s^are subscribed to the within instrument and acknowledged to me that be<£h^th8y executed the same in h^R^i/their authorized capacity(ies), and that by ktaffjBr/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. Signature. 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