HomeMy WebLinkAboutCB010838; Crest Lots LP; 2001-0479531; Hold Harmless Agreement/Release, DOC # 2001-0479531
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
JUL 12% 2001 IQ:44 fwl
5423 oFF1c1&. RECORDS SAN DIEGO CWNTY f?fCORDER’S OFFICE mm ~Wti9 lxu$yEm . * . llsssni~niiniinii~n~i~~~iiniin~inii~ii 2001-0479531
SPACE ABOVE THIS LINE FOR RECORDER’S USE
/@SESSOR’S PARCEL NO.: 156-152-35-00
PROJECT NO. & NAME: CB 010838
1858 BUENA VISTA WAY
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City’s approval of a building permit (Plan No. CB 010838) for
development to occur on property described as all of lot 21 in Wilsonia Tract according to Map
thereof No. 2169, filed in the office of the County Recorder of said San Diego County, April 18,
1974, We, Crest Lots, L.P., a limited partnership, MSK Management, Inc., a California
Corporation, Its General Partner, the owners 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
employee thereof be liable or responsible for any accident, loss or damage happening or
MaslerslFomwHold Harmless Agi Drainage 1 Rev. 12/08/98
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 .?ocL
dayof -y ,2001 .
PROPERTY OWNERS
Crest Lots, L.P.. a limited partnership. MSK Manaaement. Inc., a California Corporation, Its General Partner
Date: ,$/3 d/o /
Date: s/z &lo/
(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 BALL
4 City Attorne
1 Masters/Forms/Hold Harmless Agt Drainage Rev. 12ma98
5425
State of California
County of San Diego )
On 5/30/01 before me, Linda Lopez, Notary Public
(Date) (Name, Title of Officer)’
personally appeared Joseph A. Gallagher and Donna C. Wilson
(Name[s] of Signer[s])
----..--------- __m-_--------- k l personally known to me -OR - l
(proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal i h
coMM.#1163702
NCiTARY?LlMUX-
(This area for
official notary seal)
Linda Lopez \J
Title or Type of Document
Date of
Document
Ho1 d Harm1 ess Agreement
No. of Pages
Signer(s) other than named above
Masters/Forms/Hold Harmless Agt Drainage Rev. 12/08/98