HomeMy WebLinkAbout311-9; Peckham, Phyllis; 1991-0202735; Hold Harmless Agreement/Release. - . ,’ * . RECORDING REkrlESTED BY AND FJ~"-~$p=- xyp 1 flz 2' &-'-r g-$Fg * * WHEN RECORDED MAIL TO: !
CITY OF CARLSBAD
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Parcel No. 203-140-11. 12
HOLD HARMLESS AGREEMENT DRAINAGE PE 2.90.13 gg / ..; -' _ I .' '-_ In consideration of the City's approval of a drainage plan
(Plan No. 311-9) for development to occur on property described
as Lots 15 and 16 Block nA@f Map 1221 (APN 203-140-11, 12), I
Charles G. Morse, Trustee of the Phyllis Peckham Revocable Trust
the owner 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 altieration 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.
Agreements/AG-14.FRM 1 REV. 5/21/90
.
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872
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It is further agreed that the above owner 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 ZWth ,~ day of Jawrv , 1991.
Charles G. Horse, Trustee of the Phyllis Peckham Revocable Trust
APPROVED AS TO FORM:
VINCENT F. BIONDO, JR. City At&orney
By: Deputy City Attoyney
(Proper notarial acknowledgment of execution by the OWNER(S) must be attached).
Agreements/AG-14.FRM REV. 5/21/90
873
STATE OF CALIFORNIA )
1 ss. COUNTY OF LOS ANGELES )
On January 30 I 19 g1 before me, the
undersigned, a Notary Public .in and for said County and State,
personally appeared a-mws G. MORSE, Trustee Of the
PlWTsT.TS PlFKHAM w,R ~LlSlY I
personally known to me w tk Las13 of' -M
W to be the person whose name is subscribed to the within __ .
instrument and acknowledged that he/Mexecuted the same.
.KITNESS my hand and official seal.
. -.
/‘ Notary Pubiic
OFFICIAL SEAC
ANN E. CROUPE
NOTARY PUBLIC CALiFORNlA
PRINCIPAL OFFICE IN
LOS ANGELES COUNTY
My Commission Exp. Sept. 19, 1993