HomeMy WebLinkAboutCT 99-06; LSOF Carlsbad Land LP; 2004-0494021; Hold Harmless Agreement/ReleaseRECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
DOC # 2004-0494021
MAY 27s 2004 4~59 PPI
OFFICIAL REW W DIEGO COUNTY RECNDER'S OFFICE GREGORY J. s)IIITHt COUNTY REW FEES: 0.00
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL N 0. :
PROJECT NO. & NAME:
221 -1 1 -05-00, 221 -1 1-04-00
CT 99-06
Palomar Forum
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City's approval of a drainage plan (DWG 399-4A) and
improvement plans (DWG 399-4) for development to occur on property described as Lot 2,
Sec.13, T 12 S, R 4 W; SW quarter of northwest quarter of Sec. 18, T 12 S, R 3 W, SBBM,
(I)We, LSOF Carlsbad Land Limited Partnership, a Texas 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
construction of the improvements pursuant to the approved plans, nor shall any officer or
1 H:/Development Services/Masters/Bonds & AgreeemntslHold Harrdess Agreement Drainage Rev. 12/08/98
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 &
PROPERTY OWNERS
LSOF Carlsbad Land L.P.. a Texas Limited PartnershiD
Mary Etta Ford Vice Prm
(Print Name and Title)
Date: /Q 4
I (Print Name and Title)
Date: d~o(o$ I
(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 City Attorney
&&tan4 City Attorney
By:
2
H:IDeveloprnent ServiceslMastersiBonds & Agreeernnts/Hold Harmless Agreement Drainage Rev. 12/08/98
State of e
) --DlU.G County of San-Rego
On +II~ IzOolc before me,
(Date)
S .%rim
(Name[s] of Signer[s])
I dersonally known to me -OR - 0
(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 helshelthey
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 entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal
official notary seal)
11 Title or Type of Document
Date of Document
Signer(s) other than named above
No. of Pages
1