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Home My WebLink AboutSDP 01-01B; Ascent-Biltmore Carlsbad LLC; 2006-0398664; Hold Harmless Agreement/ReleaseDQC# 2006-0398664 V:' RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 SPACE AL JUN06, 2006 2:41 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORYJ. SMITH, COUNTY RECORDER FEES: 000 FAGES: 4 2006-0398664 ASSESSOR'S PARCEL NO.: 212-040-25 PROJECT NO. & NAME: SDP01-01(B) Biltmore - 24hr Fitness HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 432-2D) for development to occur on property described as (see attached, Exhibit "A"), according to Map thereof No. APN 212-040-25, I/We, Ascent-Biltmore Carlsbad, 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. H:\Development Services\PROJECTS\SDP FILES\SDP 01 -01 (B) Pacifica Palomar - Riddle\Bonds and Agreements\HOLD HARMLESS AGREEMENT DRAINAGE FORM-APN 212-040-25.doc Rev. 12/08/98 9516 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 9th day of March , 20 06 . PROPERTY OWNERS Ascent-Biltmore Carlsbad. LLC. a Delaware limited company By: Biltmore-LGE Carlsbad, LLC, an Arizona limited liability company, as Biltmore Member/Managing Member By: Biltmore Holdings, LLC, an Arizona limited liability company, as its managing member (Sign Here) Richard Lund, Manager (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 ~^^r 2 H:\Development Services\PROJECTS\SDP Fll^tslsDP 01-01(B) Pacffica Palomar - Riddle\Bonds and Agreements\HOLD HARMLESS AGREEMENT DRAINAGE FORM-APN 212-MO-25.doc Rev. 12/08/98 9517 ACKNOWLEDGMENT OF PROPERTY OWNER State of County of ss. On March 9, 2006, before me, Laura E. Swesey, Notary Public, personally appeared Richard J. Lund, known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Signature LAURA E. SWESEYNotary Public - Arizona MARICOPA COUNTY Tcommission Expires JULY 27.2006 9518 Exhibit "A" PROPERTY LEGAL DESCRIPTION Parcel A: That portion of that certain parcel of land shown and designated as Description No. 3, 78.01 acres on record of Survey Map No. 5715, filed in the office of the County Recorder of San Diego County, December 19,1960, being a portion of lot "G" of the Rancho Agua Hedionda, in the County of San Diego, State of California, according to Map thereof No. 823, filed in the office of the County Recorder of San Diego County, November 16,1896, lying southerly of the center line of County Road Survey No. 1534 as shown on said Record of Survey Map No. 5715, (now known as Palomar Airport Road) and lying westerly of a straight line drawn northerly from the most northerly corner of "Description No. 5" of said Record of Survey Map No. 5715 to a point on the center line of said Road Survey No. 1534, distant thereon north 78° 54' 09" west, 110.74 feet from the westerly terminus of that 1200.00 foot radius curve in the center line of said Road Survey No. 1534 as shown on said record of Survey Map No. 5715.