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Home My WebLink AboutCDP 02-13; McElroy, Richard & Madeline; 2003-1095576; Hold Harmless Agreement/ReleaseRECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 SPACE ABOVE THIS LINE FOR RECORDER'SmE DOC # 2003-1095576 SEP 083 2005 4~43 PM @FICIN. RECORDS SIIM DIEGO COlRlfy RECORDER'S DFFICE GBm J. S#IM, m REWRDER FEES: 14.00 ASSESSOR'S PARCEL NO.: 155-223-02-00 - PROJECT NO. & NAME: CB031459 CDP 02-13 McElroy Residential Addition HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a building permit (Plan No. CB031459) for development to occur on property described as 2440 Buena Vista Circle or more particularly as Lot 15 of Buena Vista Gardens, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 2492, filed in the Office of the County Recorder of San Diego County, August 4, 1948, (I)We, Richard R. and Madeline M. McElroy, 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 1 H:/Developmenl ServicedMasIersiBonds & AgreeemtsRlold 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 qII 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 /3& dayof d445f ,20@ . PROPERTY OWNERS (Sign H&) (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: t5&- $&stant City Attorney ’- 2 H:/Development Services/Masters/Bonds 8 AgreeemntsiHold Harmless Agreement Drainage Rev. 12/08/98 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT Stateof 4 fktd before me, Name, htle -'e.g.,John Dbe, Notary Public 6 1hq on& Date personally appeared akf.lk p.JVwPq~ #q@ rpLt.B t-0 F* R- Name($ of%gnen(s) I CS Personally known to me Q& @ Proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) L/are subscribed to the within instrument and acknowledged to /s e/they executed the same in gs&r/their authorized capacity(ies), and that by Ps/ metha? y/the* signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness rnv hand and official seal. L \ Signanuc of Notary OPTIONAL The data below is not required by law, however it my prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. SIGNATURE Amom OF SIGNER: DESCRIPTION OF ATTACHED DOCUMENT 0 CORPORATE OFFICER(S) IC ,~INDIM)IJAL ku) mws* - TITLE OR TYPE OF DOCUMENT Title@) a PARTNER a hA.ilTED CI GENERAL a ATTORNEY-IN-FACT z NLMBER OF PAGES .. CI TRUSTEE(S) E/\ \3b3 - Q GUARDIAN/CONSERVATOR DATE OF DOCUMENT 0 OTHER: SIGNER($ OTHER mi NAMED ABOVE: NAMEM OF PEWON(S) OR ENTIIY(IES) SIGNER IS REPRESE"G: