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Home My WebLink About232-1A; F & M Associates; 84-136541; Hold Harmless Agreement/Release, c c x . . *..- 223 -.$4-p3654l I -- -- - 1aCORDING REQUESTED BY AND ) I f<tL'Qr-r)LJJ i"J WHEN RECORDED MAIL TO: ()FFfCl~;i'il:~:,:~;..:r~!; 1 OF SA?i Dir;::i I:‘:.,.;'!, y.c~,.\ CITY OF CARLSBAD 1994 APR 13 PM I: 10 1200 Elm Avenue Carlsbad, California 92008 ) VC.i:,:[_ j-: : L C()Uf.{ i ‘( :::::; ‘,r::;<< i woe --_ Space above this line f or Recorder's use Documentary transfer tax: $ No fee Signature of declarant determining tax- firm name City of Carlsbad Parcel No. 207-100-09 HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (Plan No. 233-14 ) and/or improvement plans (Plan No. 232-l ) for development to occur on property described as "Telescope Point" Provident Capital Corp (~~~207-100-09 ), I (We) F & M and Associates; A Joint Venture Westana Builders Developmer the owner(s) of said property promise to indemnify and to hold the City of Carlsbad and any of its agencies or 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 - 2-d- 224 - . .c I 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 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. IN WITNESS WHEREOF, the undersigned has executed this instrument this 21 day of /vlA~c# , 19 s+- l OWNER(S): F & M AND ASSOCIATES, a joint venture /Devwrs. a California General Partnership William D. Fontana, President By: PR~~ID~T cArma CORPORATION, joint venturer (Notarial acknowledgment of execution by the OWNER(k) must be attached). . ‘- * -. xx I *. .’ . I - -‘, 225 - . . STATE OF -RNIA muNTYctF San Diego on fno,Gh 21, I%~ before ma, the undersigned, a Notary Public inandforsaidstate, personally appeared William D. Fontana 3cmw1 to xre (or provided to m on the basis of satisfactory evidence) tc be President of FTXIYNA CoRpoRATION, the corporation that executed the wittan ins tnment and hm to Tne to be the person who executed the within instrument on behalf of said corporation, said corporation being known to re to be one of the partners of wESlXNA, BUli33ERS/DEVEL&RS, the partnership that executed the within instnm-ent, and acknowledged tc me that such corporation executed the same as such partner and that such partnership is one of the joint venturers 0fF &MANDASSCCIA!IES, the jointverbre that executed the within instraen t and acknmledged to me that they executed the sane as jointventqersof the jointvmture first above named, and that said jcintventureexecuted the same as apartnerof F & MANDASSOC~ and that saidlastnamd jointventure executed the same. on rnGC& A, mq before ma, the undersigned, a Notary Public.,in andfor~dState,persor&y appeared Wesley E. Mudge bti to me (or prwided tome on the basis of satisfactory evidence) to & the President of MUDGE cOmw1ON, the ccrpcraticn that executed the within instrumen tandknmtcn-ebbetheparsonwhoexecuted the within instrunm t on behalf of said corporation, said corporaticn being km411 tom2 to be one of the partners of WESTANA, BUTIDERS/DEVELOPEfS,the partnershipthat~3~~tedthewithinins trumst, and acknm&dged tc me that suchcorporationexecutedthe sane as suchpartnerand thatsuchpartner- ship is one cf the joint venturers ofF L MANDASSGCIATES, the jointventure that executed the within ins trumantand ackxwledged to me that they executed the same as jointventurers of the jointventure firstabvenan&,and that said jOi.IkventUreexecutedthe same as amer ofF & MANDASSOCIATES andthat saidlastnmedjointvmtureexecutedthe same,, : -. . .& -- A j-. 226 STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO) “* On March 22, 192, before County and State, per&ally appeared me, the undersigned, a Notary PubIic in and for said Vincent H. G:QP~-~Pz , known to me to be the Vice President, and Patricia R. &ai , known to me to be the - Secretary of PROVIDENT CAPITAL CORPORATION, the corporation * that executed the within instrument and known to me to be the persons who executed the within instrument on behalf of said corporation and acknowledged to me that such corporation executed ‘the within instrument pursuant to its By-laws or a Resolution of its Board of Directors; said . corporation being known to me to be a joint venturer of-, n+Ps M a joint venture, the joint venture that executed the within instrument, and acknowledged to me that such corporation executed the same individually and as such joint venturer and that such joint venture executed the same. WITNESS my hand and official seal. OFFICIAL SEAL Catherine 6. Wilder NOTARY PUBLIC-CALIFORNIA PRINCIPAL OFFICE IN SW DIEGO COUNTY