HomeMy WebLinkAboutSDP 00-10; Fourth Quarter Properties XXX LLC; 2003-0597623; Hold Harmless Agreement/ReleaseDOC # 2003-0597623
RECORDING REQUESTED BY
WHEN RECORDED MAILTO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
MAY 21, 2003 3~51 PM
OFFICIAL RECMH SAN DIEN COUNTY RECORDER’S OFFICE GREGORY J. SWITH, CWY MCOI;I)ER FEES: 0.00
SPACE ABOVE THIS LINE FOR RECORDERS USE
ASSESSOR’S PARCEL N 0. :
The Pavilion at La Costa
255-01 &04-00
PROJECT NO. & NAME: SDP 00-10
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City’s approval of a drainage plan (DWG. 398-4A) for
development to occur on property described as Lot 4 of Map No. 13997 recorded July IO, 2000,
in the Office of the County Recorder as File No. 2000-362589, (I)We, Fourth Quarter Properties
XXX, LLC, a Georgia 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
assigns having an interest in all or any part of the property described herein.
IN WITNESS WHEREOF, the undersigned has executed this instrument this tqn\
dayof WWWM &QO?.
XXX. LLC. a Georaia limited
(Sign Here)
/#J k- d? VWMEd
(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
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State of California )
)
' County of San Diego )
On 6b a3 before rne,#&#?X;J dk6idfldh. d4*w1
(Name, Title of Officdr) +- (Date
(Name[~] of Signer[~])
personally appeared k/Eu'/;s/ 13. & 54F
I 0 personally known to me -OR -K
(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 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
8 (This area for
Sidature of No& / official notary seal)
Title or Type of Document &L-p &&&L653
Date of No. of Pages
Signer(s) other than named above
A6 &-ES-
a Document
3
Hmevelopment ServicedMasterslBonds 8 AgreeemntsRlold Harmless Agreement Drainage Rev. 12/08/98