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HomeMy WebLinkAboutPIP 88-10; Carlsbad Oaks East; 90-670965; Hold Harmless Agreement/ReleaseRECORDING REQtdSTED BY AND WHEN RECORDED MAIL TO: CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, California 92008 ) i $q.Q~,:- 1 f;E]Qfif.f g.g‘-i . . . J&a FElE Space above this I?%!+ for Recorder's use Parcel No. 209-082-06 HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a grading and drainage plan (DWG No. 313-4A) for development to occur on property described as Lot 29 Map No. 10372 (APN 209-082-06). We Carlsbad Oaks East, the owners of said property promise to indemnify and to hold the City of Carlsbad and any of its agencies or employees harmless from liability for injuries to persons, or damage to or taking of property, directly or indirectly caused by the diversion of waters, the alteration of the normal flow of surface waters or drainage, or the concentration of surface waters or drainage from the drainage system or other improvements identified in the approved plans: or by the design, construction or maintenance of the drainage system or other improvements identified in the approved plans. Approval of the plans by the City shall not constitute an assumption by the City of any responsibility for such damage or taking. City shall not be an insurer or surety for the design or construction of the improvements pursuant to the approved plans, nor shall any officer or employee thereof be liable or responsible for any accident, loss or damage happening or occurring during the construction work or improvements as specified in this agreement. It is further agreed that the above owner(s) will maintain all drainage systems to insure a free flow to a satisfactory Agreements/AG-14.FRH 1 REV. S/21/90 Tc Gaul 18 /p,p@-$-,I point of disc,large 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 Aday of ~~~~~~ , 19% . Carlsbad Oaks East De1 Dios In al Partner APPROVED AS TO FORM: VINCENT F. BIONDO, JR. City Attorney By: $+J+ @ Deputy City AH%rney (Proper notarial acknowledgement of execution by SUBDIVIDER must be attached) Agreements/AG-14.FRM 2 REV. S/21/90 President, and , prsonally known to me (or proved f satisfactory evidence) to be the Secretary of the corporation that executed the within instrument, known to me to be the persons who executed the within instrument on behalf of the coruoration therein named, and acknovledqed to me that such co-rat& executed the within instrument pursuant to its bylavs or a resolution of its board o directors. WITNESS my hand and official seal. NOTARY PUBLIC