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HomeMy WebLinkAbout287-5; McMahan Realty Company; 88-480651; Hold Harmless Agreement/Release* 1705 - 8 8 i $ &;&f&f RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: 1 CITY OF CARLSBAD 1200 Elm Avenue @W22 fH 2:25 . Carlsbad, California 92008 Space above this line for Recorder's use Documentary transfe,r tax: Signature of declarant determining tax-firm name City of Carlsbad Parcel No. 209-081-02 HOLD HARMLESS AGREEMENT DRAINAGE r In consideration of the City's approval of a drainage plan (Plan No.287-5 ) and/or improvement plans (Plans No. xxxxx ) for development to occur on property described a (APN 209-081-02 1, 1 (We) of said property promise to 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 1706 - 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. undersigned has executed this instrument this 19ff. (Notarial acknowledgment of execution by the OWNERS(S) must be attached). - 2 - State of California ) > ss. County of San Diego > On this 1st day of August in the year 1988 , before me, the undersigned, a Notary Public in and for said County and State, personally appeared Richard A. MC- personally known to me to be the person(s) who executed the within instrument as President or on behalf of the corporation therein named and acknowledged to me that the corporation executed it. Notary Public