HomeMy WebLinkAboutRP 04-12; Daly, William and Rosa; 2006-0902546; Hold Harmless Agreement/ReleaseDQC# 2006-0902546
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RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
DEC 20, 2006 4:05 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY J. SMITH. COUNTY RECORDER
FEES: 14.00
PAGES: 3
2006-0902546
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.: 203-110-14
PROJECT NO. & NAME: RP 04-12
Tuscany Office Suites
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City's approval of a drainage plan (DWG 439-7A) for
development to occur on property described as the Northeasterly 100.00' of the Northwesterly
55.60' of the Southeasterly 241.00' of Lot 47 of Seaside Lands, in the city of Carlsbad, County
of San Diego, State of California, according to Map thereof No. 1722, filed in the office of the
County Recorder of San Diego County on July 28, 1921, according to Map thereof No. APN:
203-110-14, I/We, William Vito Daly and Rosa C. Daly, husband and wife as joint tenants, 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\PROJECTS\RP FILESVRP 04-12 Tuscany Office Suites - D. RickVBonds and AgreementsUHOLD HARMLESS AGREEMENT DRAINAGE FORM(439-
7AJ.doc Rev. 12/08/98
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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 H^
day of H&<j'i*«f4' __ , 20^_..
PROPERTY OWNERS
William Vito Daly and Rosa C. Dalv. husband and wife as
joint tenar
(Sign Here)
William Vito Daly, Joint Tenant
(Print Name and Title)
Date: <£// O 6
By:
(Sign Here)
Rosa C. Daly, Joint Tenant
(Print Name and Title)
Date: <?/> /6C
(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:
Deputy City Attorney
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H:\Development Services\PROJECTS\RP FILESVRP 04-12 Tuscany Office Suites - D. Rick\Bonds and Agreements\HOLD HARMLESS AGREEMENT DRAINAGE FORM(439-
7A).dcc Rev. 12/08/98
State of California )
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County of San Diego )
me
(Date) (Name, Title of Officer)
personally appeared lt)jl]j*fi\ (//-A
(Name[s] of Signer[s])
i Q personally known to me -OR -
(proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s)
i^are subscribed to the within instrument and acknowledged to me that .bo/ohc/they
executed the same in his/haVtheir authorized capacity(ies), and that by his/bef/their
signature(s) on the instrument the person(s), or entity upon behalf of which the person(s)
acted, executed the instrument.
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Signature of Notary official notary seal)
Title or Type of Document fjV /X /79
Date of Document ^P/j IQ (/
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No. of Pages *-
Signer(s) other than named above /^//\