Loading...
HomeMy WebLinkAboutCT 12-07; City Ventures Homebuilding LLC; 2014-0385171; Hold Harmless Agreement/Releasey RECORDING REQUESTED BY RECORDING IS REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD WHEN RECORDED MAILTO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 y 4-0385171 llllllllllllllllll DOCtt 20 Iiliillilllllliil SEP 08, 2014 2:23 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Emest J. Dronenburg, Jr., COUNTY RECORDER FEES: 0.00 PAGES: 5 Iliiiiiillli SPACE ABOVE THIS UNE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: PROJECT ID: 156-212-04, 156-212-05 CT 12-07 PROJECTNAME: Valley 17 RELATED PROJECT ID: HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan(s) (DWG 480-4A) for development to occur on property more particularly described as (see attached, Exhibit "A"), lA/Ve, City Ventures Homebuilding, 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 \\FILES01\ADepartments\CED\LandDev\PROJECTS\CT\CT 12\CT 12-07 Valley 17 - Levy\B & A\HOLD HARMLESS AGREEMENT DRAINAGE (DWG 480-4A).doc 01/26/13 occuring 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. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// 2 \\FILES01\ADepartments\CED\LandDev\PROJECTS\CT\CT 12\CT 12-07 Valley 17 - Levy\B & A\HOLD HARMLESS AGREEMENT DRAINAGE (DWG 480-4A) doc 01/25/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this day of -AH^U-^ 20. OWNER(S) City Ventures Homebuilding, LLC, a Delaware limited liability company Date: By: _ Benjamin Besley, Authorized Person (Print Name and Title) (Sign Here) (Print Name and Title) Date: APPROVED AS TO FORM: CELIA BREWER City Attorney ' RON KEMP * Assistant City Attorney (Proper notarial acknowledgment of execution by owner(s) must be attached) (Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Othenwise, 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.) Q;\CED\LandDev\PROJECTS\CT\CT 12\CT 12-07 Valley 17 - L6vy\B & A\H0LD HARMLESS AGREEMENT DRAINAGE (DWG 480^A).doc 01 /25/13 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE §1189 State of California County of Datk beiore me, Here Insert Name and Title of the Officer personally appeared O Name(s) of Si^ner(s) 7 re I MICHELLE BOHANNON Commistion # 2059807 Notary PubUc - California | Orange County g My Comm. Expirei Mar 26.2018 i who proved to me on the basis of satisfactor; evidence to be the person(5l5 whose name(^(1^ai subscribed to the within instrument and acknowledged to me that (^s]/enh^y executed the same in (hj^/h^r/tl>Sir authorized capacityO^^, and that by PRj|/h^/th^ir signature(3(f on the instrument the person(55, or the entity upon behalf of which the person(^ 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 ha/Id and official seal. Place Notary Seal Above Signature: OPTIONAL ^'Signature of Notary Public Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document C T VL'" Ol Description of Attached Document Title or Type of nnrnmpnt:^^di ^ftfwv\£.g; ko^miX^ Document Date: —^ Number of Pages: ^ Signer^T^theTl^an Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ^ Corporate Officer — Title(s):\ • Partner — • Limited • General • Individual • Attorney in Fact • Trustee • Other: sr's Name: b|Ui^fie4- f^ Corpor&t<Qfficer — Title(s): • Partner — uttKuted • Gener^ • Individual n^ttQme^jPKFact • Guardian or Consen/ator • Trustee • GugtSHSa or Consen/ator • Other: Signer Is Representing: Signer^te^presenting: © 2013 National Notary Association • www.NationalNotary.org • 1 -800-US NOTARY (1 -800-876-6827) Item #5907 Order Number: NHSC-4593011 (rh) Page Number: 8 A LEGAL DESCRIPTION Real property in the City of Carlsbad, County of San Diego, State of Califomia, described as follows: All nc I HTQ ->-:i AWn 74 OF PATTERSON'S ADDITION TO THE TOWN OF CARLSBAD, ^COROmGTO ™ MAP ™S N^^^ 565, RLED IN THE OFRCE OF THE RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 22, 1888. TOnn-HFR WITH THAT PORTION OF OAK AVENUE IMMEDIATELY ADJACENT TO THE ABOVE ^??<?TRFn PSPERT^ AS VACATED AND CLOSED TO PUBLIC USE BY RESOLUTION OF THE ™GS COSN^^6ARD RECORDED OCTOBER 27, 1929 IN BOOK 1700 PAGE 83 OF DEEDS, RECORDS OF SAN DIEGO COUNTY, CAQFORNIA. - THFRFFROM THE SOUTHWESTERLY 400 FEET THEREOF, THE NORTHEASTERLY S^E SD SO^^^^^ BEING PARALLEL WITH THE SOUTHWESTERLY LINE OF SAID LOTS 23 AND 24. APN: 156-212-04-00 and 156-212-05-00 First American Tide