HomeMy WebLinkAbout301-8; Wilma Pacific Inc; 90-177434; Hold Harmless Agreement/Release0 I ,. * i 9 c- t ? 7 4 3.4
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RECORDING REQUESTED BY AND ) !,!~~rtc:Id~-T-';..~~i-~~-;'I: i : Li >+iii i;e+i; -:i.r--- f::;..i;f :. i -. L WHEN RECORDED MAIL TO: 1
> CITY OF CARLSBAD %MPR -3 M-9: 22
i 1200 Elm Avenue VEfiA i t*,#s-- ;
Carlsbad, California 92008 / ~&gwf+ $g$& 1 ~0 FEE
Space above this line for Recorder's use
Documentary transfer ta& $ No Fee
Parcel No. 212-070-07 to 11
HOLD HARMLESS AGREEMENT FE z.mz~
DRAINAGE
In consideration of the City's approval of a drainage plan (Plan No. 301-
8A) and improvement plan (Plan No. 301-8) for development to occur on property
described as Lots 33 (APN 212-070-ll), 34 (APN 212-070-lo), 35 (APN 212-070-09),
36 (APN 212-070-08) and 37 (APN 212-070-07), We/Wilma Pacific, Inc., a Georgia
Corporation, 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 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
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..s’ * . .
256
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
9th day of November , 1989 .
Wilma Pacific, Inc.
-
t
Wi liam A. Budge, ;ice Presi@nt
_c .m_ 42
Loren W. Brucker, Asst. Secretary
APPROVED AS TO FORM:
VI6JCENT F. BIONDO,“JR.
City Attorney
(Notarial acknowledgment of execution by the OWNERS(S) must be attached).
STATE OF CALIFORNIA Orange iss.
COUNTY OF I on November 9, 1989 _ before me, the undersigned, a Notary Public in and for
said State, personally appeared William A. Budge and
J,oren W. Brucker , personally known to me (w
‘ p to be the persons who executed the within instrument as Vice President and Asst. Secretary, on behalf of Wilma Pacific, Inc.
the corporation therein named, and acknowledged to me that
such corporation executed thewithin instrument pursuant to its
by-laws or a resolution of its board of directors.
WIT&,SS my hand and official seal.
(This area for official notarial seal)