HomeMy WebLinkAboutMadison Square Development II; ;HOLD HARMLESS AGREEMENT
BETWEEN CARLSBAD MUNICIPAL WATER DISTRICT
MADISON SQUARE DEVELOPMENT II, A CALIFORNIA GENERAL PARTNERSHIP
THIS AGREEMENT is made by the CARLSBAD MUNICIPAL WATER
DISTRICT, hereinafter called "CMWD", and MADISON SQUARE
DEVELOPMENT II, a California general partnership, hereinafter
called MADISON SQUARE DEVELOPMENT II, owner of that real property
described as Lot 19 of Carlsbad Tract 80-38 according to Map,
thereof, No. 10198.
Madison Square Development II agrees to assume all
responsibility for the construction and maintenance of one
sign/pilaster gate located at the southerly end of the Paseo De
Lago cul-de-sac in the City of Carlsbad as shown on improvement
plans as CMWD Project No. 89-C-293 and located within and upon
the properties more particularly described on Exhibit "B"
attached hereto and by this reference made -a part hereof and
assumes all responsibility for damage caused by said
sign/pilaster gate to existing water facilities owned by the
CMWD; more specifically an existing 8-inch water pipeline located
in the same street and adjacent to said sign/pilaster gate,
extending six feet ( 6') into the waterline easement. Damage
shall include but not be limited to the following: excessive
bearing loads caused by said sign pilaster/gate, or any damage
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and/or failure of sign pilaster/gate due to the excavation for
whatever reason of said existing 8-inch pipeline by the CMWD.
Madison Square Development II further agrees to defend,
indemnify, protect and hold CMWD and its agents, officers, and
employees harmless and against any and all claims asserted or
liability established for damages or injures to any person or
property, which arises from or are connected with or are caused
or claimed to be caused by said sign pilaster/gate, and all
expenses or investigation and defending against same; provided
that the duty of Madison Square II Development to indemnify and
hold harmless shall not include any claims or liability arising
from the established sole negligence or willful misconduct of
CMWD, its agents, officers, or employees.
The prevailing party in any action at law or in equity,
including arbitration, brought to enforce or prevent the breach
of this Agreement, or any provision hereof, including but not
limited to any action or injunctive or declaratory relief, shall
be entitled to attorney's fees and costs incurred in such action,
including those incurred in any appeal.
In exchange for the consideration of Madison Square
Development II to hold the CMWD harmless, the CMWD District will
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.. .-.,
allow the existing construction of facilities to remain which may
be potentially detrimental to said existing 8-inch line.
The terms and conditions of this hold harmless agreement
shall be binding on all future owners of the subject property.
IN WITNESS WHEREOF, this agreement is executed by the
Carlsbad Municipal Water District and by Madison Square
Development II.
CARLSBAD MUNICIPAL
WATER DISTRICT
By:
General
CMWD 89-C-293
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MADISON SQUARE DEVELOPMENT II,
a California general partnership
By: KOPPFE~T STRASSE, INC.,
a Ca .fornia corporation
By: fure LUCK, INC.,
a California corporation
By: TWENTY-SEVEN
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LOT 19, CARLSBAD TRACT 80-38, MADISON SQUARE DEVELOPMENT II
EXHIBIT "B"
HOLD HARMLESS AGREEMENT -MADISON SQUARE DEVELOPMENT II