HomeMy WebLinkAbout247-3A; Palomar Venture; 85-172844; Hold Harmless Agreement/Release*1 _ * . I' 2386 : P?CORDING,RH0UESTED B\ .&D ) . f wmg RBCORDBD MAIL.TO: ;
CITY OF CARLSBAD 1200 Elm Avenue ;
Carlsbad, California 92008 )
85-172844
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P85 MAY I6 fd’i 11: 18
Space above this line for Recorder's use NO FEE
Documentary transfer tax: $ No fee &W
ure of declarant determining tax- firm name City of Carlsbad
Parcel No. 210-170-04
HOLD HARMLESS AGREEMENT DRAINAGE
In consideration of the City's approval of a drainage plan
(Plan No. N/A ) (ii&,'l;;ur irnkr‘uvemenl plarrs
(Plan No. 247-3.A PQ 230 ) for development to occur on
property descz,ibed as _ NW Corner of Avenida Encinas & Palomar Airport Road
(APN 210 170 04), I (We) Palomar Venture, A California Limited Partnership
the owner(s) 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
.
A
.
‘L” , - 2387 t -
1*aking. City shall nc be an insurer or surety f- the design or I i - .
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 occuring 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 10th day of May ) 1985 .
OWNER(S):
Palomar Venture-A California Limited Partnership
By: Newport National Corporation,Generkl Partner
(Notarial acknowledgment of execution by the OWNER(S) must be
attached).
2388
STATE OF CALIFORNIA ] I ss COUNTY OF ORANGE 1
On the 13th day of May, 1985, before me, the undersigned, a Notary Public in and for said State, personally appeared F.M. BRUSSEAU,
[ ersonally known to me 1 f proved to me on the basis of satisfactory evidence
to be the person who executed the within Hold Harmless Agree- ment - Drainage, as President on behalf of Newport National Corporation, the Corporation therein named as a General Partner of PALOMAR VENTURE, the Limited Partnership therein named, and acknowledged to me that such Corporation executed the within instrument as a General Partner on behalf of the partnership and that such partnership executed the same.
WITNESS my hand and official seal.
Notary Public in and for
OFF1CIAL
LYDA A COOPER NOTARY PUBLIC - CALfFORNlA
ORANGE C0LiNl-Y MY comm. expires