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HomeMy WebLinkAboutPD 04-18; Digiacomo, Joan A; 2005-0335523; Hold Harmless Agreement/ReleaseDOC # 2005-0335523 1 RECORDING REQUESTED BY WHEN REC0RDE.D MAILTO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 I llllllll Ill lllll lllll11111 IIIII lllll IIIII lllllll1ll11lll lllllllIl11Il APR 21.2005 455 PM I111111 ll111 Ill11 Hlll lllll Ill11 11111 lllll1111 lllll Hlll Rlll Ill11 HI11 1111 IHI SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 204-171-09 PROJECT NO. & NAME: 3471 JEFFERSON ST CB 04-3223 PO &-I8 DlGlACOMO RES. HOLD HARMLESS AGREEMENT DRAINAGE Ii? consideration of the City's apprsvs! o! 8 drainage p!an (DWG 425-8NCB 94-3223) for development to occur on property described as Lot 29 and 30, Block 44 Carlsbad Townsite, in the City of Carlsbad, County of San Diego, State of California, according to map thereof no. 535, filed in the office of the County Recorder of San Diego County, May 2, 1888. I, John A. Digiacomo, the owner of said property promise to indemnify and to hold the City of Carlsbad, its officers, agents and 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 1 H:/Development ServicesIMasterslBonds & AgreeemtsfHold Harmless Agreement Drainage Rev. 12/08/98 employee thereof be liable or 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 I 7 day of h-ber ,20 04 . PROPERTY OWN By: -.._ -- JOHN A. DlGlACOMO __------- (Print Name and Title) Date: /zllqlp1 By: (Sign Here) (Print Name and Title) Date: (Proper notarial acknowledgment of execution by SUBDIVIDER must be attached) (Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney By: bT City Attchey 2 H./Developmen: ServiceslMastersl5mds & AgreeemntdHold Harmless Agreement Drainage Rev. 12/08/96 State of California 1 1 County of San Diego ) OnQzcekf I q.h+ . - lo 20~~ h , ~)&VL, ?& I IL, (Date) ' '(Name, Tde of Officer) (NameJs3 of Signerfl) personally appeared \& h 'ra; (7 in cBma ,$\personally known to me -OR - n (proved to me on the basis of satisfactory evidence) to be the person6 whose name@ is/fe subscribed to the within instrument and acknowledged to me that he/s$/thP executed the same in his/t$r/thbr authorized capacity(i$), and that by his/tyk/ttj&ir signature$) on the instrument the personH, or entity upon behalf of which the personw acted, executed the instrument. WITNESS my hand and official seal h A, %nature of Notary (This area for official notary seal) 3 No. of Pages 14, h.(- Date Document Signer(s) other than named above 3 H:/Development ServicedMasierdBonds & AgreeemtdHold Harmless Agreement Drainage Rev. 12/08/98