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HomeMy WebLinkAboutSUP 12-01; LC Investment 2010 Inc; 2013-0252185; Hold Harmless Agreement/ReleaseRECORDING IS REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD WHEN RECORDED IVIAILTO: City Clerl< CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 DOCtt 2013-0252185 llllllilllllllllllllllllllllllllllllllllllll APR 23, 2013 11:53 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernesl J. Dronenburg, Jr., COUNTY RECORDER FEES: 0.00 PAGES: SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 216-593-05, 216-592-01, 216-592-04 & 216-590-16 PROJECT ID: SUP 12-01 PROJECT NAME: La Costa Resort and Spa RELATED PROJECT ID: HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage pian(s) (DWG 477-1A) for development to occur on property more particularly described as (see attached, Exhibit "A"), lAA/e, LC Investment 2010, Inc., a Delaware corporation, 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 Q:\CED\LandDev\PROJECTS\SUP\SUP 12\SUP 12-01 LA COSTA RESORT AND SPA\B & A\HOLD HARMLESS AGREEMENT DRAINAGE DWG 477-1A doc 01/25/13 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. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// 2 Q:\CED\LandDev\PROJECTS\SUP\SUP 12\SUP 12-01 LA COSTA RESORT AND SPA\B & AVHOLD HARMLESS AGREEMENT DRAINAGE DWG 477-IA.doc 01/25/13 /// IN WITNESS WHEREOF, the undersigned has executed this instrument this ^ day of APPROVED AS TO FORM: CELIA BREWER City Attorney OWNER(S) LC Investment 2010. Inc.. a Delaware corporation By: (Sign Here) Charlie Martin, Assistant Secretary/Treasurer Date: (Print Name and Title) (Sign Here) Steven Siegel, Vice President Date: (Print Name and Title) 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. 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.) Q:\CED\LandDev\PROJECTS\SUP\SUP 12\SUP 12-01 LA COSTA RESORT AND SPA\B & A\HOLD HARMLESS AGREEMENT DRAINAGE DWG 477-IA.doc 01/25/13 ALL-PURPOSE ACKNOWLEDGMENT State of California ^^J^/&j^ o County of h EjJ L^^JQ^ On ^^^^Jpefore me, 7^ Date } Rene Leraieux-Parker Here Insert Name and Title of the Officer personally appeared Name(s) of Signer(s) Place Notary Seal Above who 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 the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Cdon^ that the foregoing paragraph is true and correct. WITNESS my Signature. OPTIONAL Signature of Notary Public Though the information below is not required by law, It may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: ____ Document Date: Number of Pages: Signer{s) Other Ttian Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: • Individual n Corporate Officer —Title(s): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Otiier: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer's Name: • Individual • Corporate Officer — Title(s): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Ottier: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Cfiatsworth, CA 91313-2402• viww.NationalNotafy.org Item #5907 Reorder: Call Toll-Ftee 1-800-876-6827 Q:\CED\LandDev\PROJECTS\SUP\SUP 12\SUP 12-01 LA COSTA RESORT AND SPA\B & A\HOLD HARMLESS AGREEMENT DRAINAGE DWG 477-IA.doc 01/25/13 EXHIBIT "A' PARCEL A OF LOT LINE ADJUSTMENT PLAT NO. 07-09, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, PER CERTIFICATE OF COMPLIANCE NO. CE 0700028, RECORDED MAY 9, 2008 AS DOCUMENT NO. 2008-0252179 OF OFFICIAL RECORDS.