HomeMy WebLinkAboutCT 02-23; Warmington LCG Associates LP; 2004-0740741; Hold Harmless Agreement/ReleaseDOC # 2004-0740741
RECORDING REQUESTED BY
WHEN RECORDED MAILTO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
AUG 05.2004 847 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY J SMITH, COUNTY RECORDER FEES 0 00
PAGES 3
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SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.: 213-111-02 ; 21 3-1 1 1-03 : 21 3-1 1 1-06 i 21 3-1 1 1-07
PROJECT NO. & NAME: CT 02-23
La Costa Greens Neighborhood 1.08
HOLD HARMLESS AGREEMENT
DRAl NAGE
In consideration of the City's approval of a drainage plan (DWG 406-6A) and
improvement plans (DWG 406-6) for development to occur on property described as Lots 1
through 82 of CT 02-23, per map No. 14803, filed in the Office of the County Recorder of San
Diego County, May 27, 2004. (I)We, Warmington LCG Associates, L.P., a California limited
partnership, 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
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H:/Developmeni SewiceslMasterslBonds & AgreeemnislHold Harmless Agreement Drainage Rev. 12/08/98
I 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.
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 j0
day of Ji/ ,20 av.
PROPERTY OWNERS Warmington LCG Associates, L.P., a California limited partnership
Bv: Warminaton Homes California, a California ts Geneml Partner 4- .I&- / By: ' (Sign Here) 1
Matthew L. Tingler, President - San Diego Division (Print Name and Title)
Date:
By: (Sign Here)
(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
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State of California )
)
County of San Diego )
On 6 *-3O~m7 before me, 2oslifid rq &&q
(Name, Tit6 of Officer) (Date)
personally appeared /Ccatfh& Tnrjkr-
(Name[s] of Signer[s])
(proved to me on the basis of satisfactory evidence) to be the person@) whose name(@
is/esubscribed to the within instrument and acknowledged to me that he/-
executed the same in his/he&beir authorized capacity(* and that by his/h&hew
signature(4fon the instrument the personw, or entity upon behalf of which the person(+
acted, executed the instrument.
WITNESS my hand and official seal
fignature of Notary (This area for
official notary seal)
Title or Type of Document
Date of Document
Signer(s) other than named above
No. of Pages
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