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HomeMy WebLinkAbout273-3; Davis Development; 86-617841; Hold Harmless Agreement/Release! . . ; .- 450 - 86 617841 RECQRDING REQUESTED BY AND ;"tiEN RECORDED MAIL TO: r ~~~COfKtET~ 1 OFFfClAL RECOfSi)cj OF StA wml cc;Iu;y. ;A.. CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, California 92008 ) Documentary transfer tax: firm name City of Carlsbad Parcel No. 909-0+‘0-3? HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City' (Plan No. 273-3A 1 (Plan No. 273-3 1 s approval of a drainage plan and/or improvement plans for development to occur on property described as Parcel 1 of lot line adjustment #201 (APN 209-040-34 ), I (We) Davis Developments 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, t 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 *- L., 455 tak!ngs City shall not be an insurer or surety fciL. the design or .I j r** .- .9 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 day of f?L& I 19% . t R. FRED WALTERS, General Partner , (Notarial acknowledgment of execution by the OWNER(S) must be 'attached). ._ . PARTNERSHIP ACKNOWLEDGMENT NO. 203 State of California On this the 5th day of November 192, before me, SS. Qunty of San Diego Joan M. Hebeler the undersigned Notary Public, personally appeared R. Fred Walters I Q personally known to me 0 proved to me on the basis of satisfactory evidence to be the person(s) who executed the within instrument on behalf of the partnership, and acknowledged to me that the partnership executed it. WITNESS my hand and official seal. a/ * * Notaryg Signature 1122 NATIONAL NOTARY ASXOClATlON - 23012 Ventura Blvd. l P.O. Box 4625 l Woodland Hills, CA 9I