HomeMy WebLinkAboutSDP 06-04; Calavera Hills II LLC; 2007-0636689; Hold Harmless Agreement/ReleaseDOC# 2007-0636689
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RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
OCT01.2007 12:54 PM
OFFICIAL RE CORDS
::.AI-. DiF&O COUNTY RECORDER'S OFFICE
0 R E G 0 R1'IS MIT H. CO U N TY R E CO R D E R
FEES 0.00
PAGES:
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.: 168-050-47-00
PROJECT NO. & NAME: SDP 06-04
Robertson Ranch East Village P.A. 15
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City's approval of a drainage plan (DWG 450-6A) for
development to occur on property described as Lot 1 of Carlsbad Tract No. 02-16, in the City of
Carlsbad, County of San Diego, State of California, filed in the office of the County Recorder of
San Diego County, according to Map thereof No. l5b06 . filed in the Office of the County
Recorder of San Diego County and also known as168-050-47-00, 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
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H:\Development Services\PROJECTS\SDP FILESVSDP 06-04 Robertson Ranch PA 15 - Riddle\Bonds and AgreemenMHOLD HARMLESS AGREEMENT DRAINAGE(450-
6A).doc
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.
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.
nfIN WITNESS WHEREOF, the undersigned has executed this instrument this o6*
day of /AUQU&V 20 CH
PROPERTY OWNERS
Calavera Hills II, LLC. a California limited liability company
By: McMillian Companies. LLC, a Delaware limited
liability company, its manager
By: \ .TV-*- *^~7.'^>
(S^jnHere)
Don Mitchell, First Vice President
(Print Name and Title)
Date: 8'cM-
By:
(Sign Here)
Brian Milich, Senior Vice President
(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
BV: tt A
^Deputy'City Attorney
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6A).doc
State of California )
)
County of San Diego )
On 8'<31-°0 before me,
(Date)
A HI .
(Name,<ytle of Officer)
personally appeared VYll4-Chj2jl
OTV I V v
(Name[s] of Signers])
l i^peTsonally known to me -OR - D
-b )f 30ti3fOCt(i> to be the person(s) whose name(s)
ne/are subscribed to the within instrument and acknowledged to me that he/sh«/they
executed the same in -biG/hetftheir authorized capacity(ies), and that by nte/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
Signature of Notary
ANN M. FUTO
Commission # 1546838
Notary Public - California
San Diego County
My Comm. Expires Jan 23,2
(This area for
official notary seal)
Title or Type of Document
Date of Document No. of Pages
Signer(s) other than named above
H:\Developmenl Services\PROJECTS\SDP FILES\SDP 06-04 Robertson Ranch PA 15 - Riddle\Bonds and AgreemenftHOLD HARMLESS AGREEMENT DRAINAGE(450-
6A).doc