HomeMy WebLinkAboutCT 85-05; The Anden Group; 86-197976; Hold Harmless Agreement/Release* ou-rg4u4t e u 1657 1 -+*,.lj.
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RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
CITY OF CARLSBAD
1200 Elm Avenue Carlsbad, California 92008 -
Space above this line for Recorder's use
Documentary transfer tax: $ m
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Signature of declarant determining tax - firm name City of Carlsbad
Parcel NO. 223- 322- 6 i
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City's approval of a drainage 1
(Plan No. ) and/or improvement pl
(Plan No. 262-6 ) for development to occur on
property described as 1
(APN 333 - 337 -01 ) (the "Property"), THE ANDEN GROUP, a gem
partnership ("Owner"), promises to indemnify and hold the Citj
Carlsbad and any of its agencies or employees harmless j
liability for injuries to persons, or damage to or taking
property, directly or indirectly caused by the diversion
waters, the alteration of the normal flow of surface waters
drainage, or the concentration of surface waters or drainage 1
the drainage system or other improvements identified in
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approved plans; or by the design, construction or maintenana
the drainage system or other improvements identified in
approved plans.
Approval of the plans by the City shall not constituk
assumption by the City of any responsibility for such darnagc
taking. City shall not be an insurer or surety for the desigi
construction of the improvements pursuant to the approved pli
nor shall any officer or employee thereof be liable
responsible for any accident, loss or damage happening
occurring during the construction work or improvements
specified in this Agreement.
It is further agreed that Owner will maintain all drair
systems to insure a free flow to a satisfactory point
discharge unless said systems are accepted as public facilitic
Owner has discovered an ancient landslide which under1
the Property and adjacent property. The parties agree that t
Hold Harmless Agreement applies to any of the liabilities
claims described above which result from movement of
landslide if that movement is proximately caused by grad
operations by Owner, by water being introduced into the lands1
by alteration of surface drainage by Owner, by any improveme
by Owner, or by failure of or leakage from subsurface dra
being installed by Owner. This Hold Harmless Agreement does
apply to any liability or claims arising out of earth movem
caused by the landslide due to any other naturally-occurr
conditions and/or improvements constructed by or on behalf
anyone other than Owner.
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It is further agreed that this Agreement shall be bindin1
all heirs, successors or assigns having an interest in all or
part of the Property described herein.
IN WITNESS WHEREOF, the undersigned has executed
19 86 . May I instrument this 1st day of
OWNER :
THE ANDEN GROUP, a California
general partnership
By: MIDEN CORPORATION, a California corporation, General Partner
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Assistant Secretary
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STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On May 1, 1986 , before me, the undersigned Notary Public in and for said State, personally appeared R.
FISH, known to me to be the Assistant Secretary of MI
CORPORATION, the corporation that executed the within instrun
and known to me to be the person who executed the wit instrument on behalf of said corporation, said corporation be
known to me to be the General Partner of THE ANDEN GROUP,
general partnership that executed the within instrument,
acknowledged to me that such corporation executed the same
such partner and that such partnership executed the same.
WITNESS my hand and official seal.
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OFFICIAL SEAL ~ JULlEANNE MUCERA ; 7L oaS’~\J4 ,4; Notary Public Callforn,a ,
MY Comm Ex? Aug 5. 1988;
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