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HomeMy WebLinkAboutSDP 01-05; Fourth Quarter Properties; 2003-0597629; Hold Harmless Agreement/ReleaseDOC # 2003-0537629 RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 SPACE ABOVE THIS LINE FOR RECORDER’S USE CFFICIAL REmB SAN NE# WTY RECORDER’S OFFICE GREGORY J. SnITHi CWY REUJRD!lR FEES: 0.00 ASSESSOR’S PARCEL NO.: 168-040-29-00 168-050-27-00 PROJECT NO. & NAME: SDP 01-05 Calavera Hills Vlllaae “Y” HOLD HARMLESS AGREEMENT DRAl NAG E In consideration of the City’s approval of a drainage plan (DWG 403-3A) and improvement plans (DWG 403-3) for development to occur on property described as attached Exhibit A, (I)We, Calavera Hills II, LLC, a California 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. 1 H:/Development Services/Masters/Bonds & Agreeemnts/Hold Harmless Agreement Drainage Rev. 12/06/98 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 7- day of &Pf c , 20 03. PROPERTY OWNERS Calavera Hills II, LLC, a California Limited Liability Company By: McMillin Companies, LLC, a Delaware Limited Liability Cpplpany, Its Managing Member By: /(Sign Here) Don Mitchell, Vice President (Print Name and Title) Brian Milich, Senior Vice President (Prjnt Name and Title) (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@) signing to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney By: 2 I H:/Development SeNiCeSlMaSterdBOndS R AgreeemntdHold Harmless Agreement Drainage Rev. 12/08/98 State of California 1 1 County of San Diego ) On April 7, 2003 beforeme, Elizabeth 1,. Breid, Notary Public 1 (Date) (Name, Title of Officer) (NameTs] of Signer[s]) Don Mitchell & Brian Milich personally appeared & personally known to me -OR - C-I (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 Signdure of Notary (This area for official notary seal) Title or Type of Document Date of Document Signer(s) other than named above No. of Pages 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: LOT 3, TOGETHER THE SOUTHWESTERLY HALF OF COLLEGE BOULEVARD 11, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 14541, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 12,2003. ADJACENT THERETOF, OF CARLSBAD TRACT NO. 00-02 CALAVERA HILLS PHASE