HomeMy WebLinkAbout87-509; Presidential Plaza; 88-467250; Hold Harmless Agreement/Release. . < .
RECORDING REQUESTED BY AND ) 0 2122 f,jg $ fi 7 2’5;:fj
WHEN RECORDED MAIL TO: ~~~~~yFD .
CITY OF CARLSBAD 1
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1200 Elm Avenue
Carlsbad, California 92008 fmEP f6 PR f:2g ‘ l
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Space above this line for Recorder's use - RF 5
AR 3 Documentary transfer tax: $ No Fee MGl -
Signature of declarant determining tax-firm name
City of Carlsbad
Parcel No. .203-/62-d
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City's approval of a drainage plan (Plan No.-
87-509) and/or improvement plans (Plans No. ) for development to
occur on property described as 2558 Roosevelt Street
(APN 203-/02- 3s' ), I (We) Presidential Plaza, a Ca. ltd. 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
ident ified in the approved plans.
Approvil of the plans by the City shall not constitute an assumption by
the C ity 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
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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
30th day OfAugust , 1988 .
Pesidential Plaza, a Ca. limited partnershiv
by: GST Development, Inc., general partner
by:
Mafk' T. Gombar, Secretary
(Notarial acknowledgment of execution by the'OWNERS(S) must be attached).
- 2 -
STATE OF CALIFORNIA Iss.
COUN OF I
Ofl &v$d 3;c~;z eF , before me, the undersigned, a Notary Public in and for
said State, personally appeared Ma/& I ‘ md -&-w and
a _ -7-Z b(3s .,, personally known to me (or proved to me on the
basis of satisfactory evidence) to be the persons who executed the within instrument as
CItirfPnf President and r?.Ocr.&?+
c&-- h\/(LloJLlmC ‘.LC .
the corporation therein named, and acknowledged to me that
such corporation executed the within instrument pursuant to its
by-laws or a resolution of its board of directors.
WIT64ESS my hand and official seal.
Signature P
I
Secretary, on behalf of
OFFICUL SEAL
SUE IVIIMS
NOTARY PUBLIC. CALIFORNIA
PRINCIPAL OFFICE IN ALAMEDA COUNTY
v Commissroon Expires May 5, i 989
(This area for official notarial seal)