HomeMy WebLinkAboutCT 99-06; Palomar Forum Associates LP; 2014-0529090; Hold Harmless Agreement/ReleaseDOC # 2004-04940?2
RECORDING REQUESTED BY
WHEN RECORDED MAILTO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
MCSY 279 2004 4~59 PM
OFFICIAL RECORD9 SAN DIEGO COUNTY RECORDER'S OFFICE m@RY 3. s#Illi, CWMY REmDER FEES: 0.00
SPACE ABOVE THIS LINE FOR RECORDERS USE
ASSESSOR'S PARCEL NO. :
PROJECT NO. & NAME:
221 -012-1 0-00, 221 -01 0-1 7-00
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 a portion
of Sections 13 and 18, Township 12 South, Range 4 West, San Bernardino Meridian, and a
portion of Section 18, Township 12 South, Range 3 West, San Bernardino Meridian, in the City
of Carlsbad, County of San Diego, State of California, according to the official plat thereof,
(I)We, Palomar Forum 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
construction of the improvements pursuant to the approved plans, nor shall any officer or
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H:/Development Services/Masters/Bonds & Agreeemnts/Hold Harmless Agreement Drainage Rev. 12/08/96
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.
4- IN WITNESS WHEREOF, the undersigned has executed this instrument this 29
day of MarcL ,200li .
PROPERTY OWNERS - Palomar Forum Associates L.P.. a California Limited PartnershiD
Davl Carlsbad partnersI a BY: Ca 1 I ?or n 1 a Genera 1 Part ne r s h i KI
(Sign Here)
t
(Print Name and Title)
Robert J.Th'
(Print Name and Title)
(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
By: -
Assistant City Attorney
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H:/Development ServiceslMasterslBonds 8 AgreeemntslHold Harmless Agreement Drainage Rev. 12/08/98
State of California )
) County of sarrfkega * ~qeywy)
On 3/29/04- before me, Kristen Martin, Notary Pub1 ic I (Date) (Name, Title of Officer)
personally appeared Robert J. Thipraartnpr
(Name[s] of Signer[s])
B personally known to me -OR - 0
(proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s)
islare subscribed to the within instrument and acknowledged to me that helshelthey
executed the same in hislherltheir authorized capacity(ies), and that by hislherltheir
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
Signature of Notary
(This area for
official notary seal)
Title or Type of Document
Hold Harmless Aqreement Drainaqe
Date of Document- NO. OfPages Two (2)
Signer(s) other than named above None
-.