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HomeMy WebLinkAboutCDP 01-06; Gilbert, Richard; 2002-1155692; Hold Harmless Agreement/ReleaseC. => t I)UC # 2002-1155692 RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 156-350-05-00 Gilbert Residence PROJECT NO. & NAME: CDP 01-06 HOLD HARMLESS AGREEMENT , DRAINAGE In consideration of the City's approval of a building permit (Permit No. CB022578) for development to occur on property described as 2323 Pi0 Pic0 Drive, I, Richard T. Gilbert, Trustee of Trust A of the 1985 Gilbert Living Trust dated August 2, 1985, 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 employee thereof be liable or responsible for any accident, loss or damage happening or 1 HtDevelopment Setvices/Masters/Bonds & AgreeemWHold Harmless Agreement Drainage Rev. 12/08/98 .-. t. ' occurring during the construction work or improvements as specified in this agreement. It is further agreed that the above owner@) 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 day of //,,l'r I ,20 0 2. PROPERTY OWNERS Richard T. Gilbert, Trustee of Trust A of the 1985 Gilbert Living Trust dated August 2, 1985 Richard T. Gilbert, Trustee (Print Name and Title) Date: 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@) signing to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney I V 2 H:IDevelopment ServiceslMasterdBonds 8 AgreeennWHold Harmless Agreement Drainage Rev. 12108198 State of California ) 1 County of San Diego ) /i!d&//L. (Date) A (Name, Title of OYificer) personally appeared (Name[s] of Signer[s]) ~ personally known to me -OR - (m me -evidence) to be the person(Q whose name(& is/ay subscribed to the within instrument and acknowledged to me that he/s signature(4on the instrument the or entity upon behalf of which the person executed the same in his/h r/th ir authorized capacity(i and that by his/ ak Y) acted, executed the instrument. WITNESS my hand and official seal (This area for official notary seal) Title or Type of Document No. of Pages Signer(s) other than named above 3 H:/Developmenl SetviceslMasters/Bonds 8 AgreeemntsMold Harmless Agreement Drainage Rev. 12/Mv98 1 GOVERNMENT CODE 27361.7 I CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE . .. DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS: Commission Number: /3h/L/3/ Date Commission Expires: 7-9-200 County Where Bond is Filed: Manufacturer or Vendor Number: (Located on both sides of the notary seal border) Place of Execution: Date: /2-553 2” Ret. Form #RlO (Rev. 71961