HomeMy WebLinkAboutCDP 03-29; AW Developments LLC; 2005-0243591; Hold Harmless Agreement/ReleaseDOC # 2005-0243591
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
MAR 24,2005 459 PM
OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J SMITH COUNTY RECORDER
FEES. U.OO
PAGES: 3
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SPACE ABOVE THIS LINE FOR RECORDERS USE
ASSESSOR'S PARCEL NO.: 206-1 80-46
PROJECT NO. & NAME: CDP 03-29/CB04-549
A.W. DEVELOPMENTS, LLC
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City's approval of a drainage plan (Plan No. CB 04-549) for
development to occur on property described as Parcel 1 of Minor Subdivision No. 773, filed in
the City of Carlsbad, County of San Diego, State of California, according to Map thereof No.
15756. We, A.W. Developments, LLC, 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
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I 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 10 4
PROPERTY OWNERS
A.W. DEVELOPMENTS, LLC, a California limited liability ComDanv .I
YY * (Sign Here)
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(s)
signing to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL City Attorney
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H:/Development ServiceslMasterslBonds & AgreeemntdHold Harmless Agreement Drainage Rev. 12/08/98
State of California ) 1
County of San Diego )
On 2 )b 63 I <ld (Name, Title of Officer)
before me, /
personally appeared /qLv,/; kl. (!.JAsHl~d-nnI
(Name[s] of Signer[s])
personally known to me -OR - 0
(proved to me on the basis of satisfactory evidence) to be the person@) whose name(s)
o/are subscribed to the within instrument and acknowledged to me thatmheithey
executed the same in&her/their authorized capacity(ies), and that bwherltheir
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
Signature of Notary
(This area for
official notary seal)
I'
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