HomeMy WebLinkAboutPD 00-10; MSK Management Inc; 2001-0362000; Hold Harmless Agreement/Release. .
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RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
4.321 DCIC # 2001-0362000
JtJN 04, 2001 XL:14 FIM
lilliuilllll~lll~lullullull~luullu~ulullulllulllu~ll 2001-0362000
SPACE ABOVE THIS LINE FOR RECORDER’S USE
ASSESSOR’S PARCEL NO.: 165-l 52-31-00
PROJECT NO. & NAME: PD 00-10
Crest/Buena Vista Water & Sewer
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City’s approval of improvement plans (Plan No. DWG 391-9) for
development to occur on property described as Parcel A, B, D lot split 55-57, 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
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
Masters/Form/Hold Harmless Agt Drainage
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Rev. 12/08/98
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’ free flow to a satisfactory point of discharge unless said systems are accepted as public
1 facilities.
It is further agreed that this agreement shall be binding on all heirs, successors or
1 assigns having an interest in all or any part of the property described herein.
IN WITNESS WHEREOF, the undersigned has executed this instrument this Aam
,204/.
PROPERTY OWNERS
Crest Lots, L.P.. a California limited partnership
Bv: MSK Mananement, Inc.. a California corporation dba MSK Development Group, General Partner
(Print Name and Title)
Date: //30/o 1
By: f
(Sign Here)
Donna C. Wilson, Secretary
(Print Name and Title)
Date: i/3Jo(
(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:
RON D R. BALL City A %! rney
I Masters/ForrfWtiold Harmless Agl Drainage Rev. 12/08/98
4323
State of California
County of San Diego
On ,(/.30/O / before me, L!?/Iz&&~% / . /,#qfl&, I&&/L/ /&&.L: (Date) (Name, Tit% of Officer)
personally appeared ~,~LvL A. 6d //aw+er an d /A /urdb c. / (Name[s] of Signer[s])
LbU,‘/,TdfJ ~ l personally known to me -OR - l
(proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s)
&/are subscribed to the within instrument and acknowledged to me that h&$Ie/they
executed the same in A&her/their authorized capacity(ies), and that by hi&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
(This area for
official notary seal)
Title or Type of Document f/d /A do/m/e 5 c Aq/pemr,&
Date
Document
Signer(s) other than named above
Masters/Forms/Hold Harmless Agi Drainage Rev. 12/08/%