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HomeMy WebLinkAboutCDP 03-43; Donahue, Richard T & Marion S; 2005-0427091; Hold Harmless Agreement/ReleaseRECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 SPACE ABOVE THb UNE FORRECORDER’S USE DOC # 2005-0427091 I illlllll 111 lllll11111 lllllll1ll IIIII 11111 IIIII 11111 Ill11 11111 1111 1111 MAY 20,2005 8:17 AM OFFICIAL RECORUS 5AN DIEGO COUNTY RECORDER’S OFFICE GREGORI’J SMITH, COUNTY RECURUER FEES 0 00 PAG E 5 3 ASSESSOR’S PARCEL NO.: 214-022-02-00 PROJECT NO. & NAME: CDP 03-43 Donahue Residence HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City’s approval of a Building Permit (Plan No. CB 05-0360) for development to occur on property described 6458 Surfside Lane, Lot 19 in Block 23 of La Costa Downs Unit 1, according to Map thereof No. 2013, we, Richard T. Donahue and Marion S. Donahue, 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 1 HYDevelopment Services/Masters/Bonds & Agreeem WHold Harmless Agreement Drainage 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 -2 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. YAf IN WITNESS WHEREOF, the undersigned has executed this instrument this 15 day of A?! m ,2OQC. PROPERTY 0 W N ERS Richard T. Donahue k'rLl44&&3 7. D(.A/f++Lu€ (Print Name and Title) Date: /aF#R CU- By: (Sign Here) WUA-rQdC?L Marion S. Donahue M ~rr in IS. Dov'Lc~~~ e (Print Name and Title) Date: 4-/5-05 (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: -4LLq& Juxikkqt City A orn y 2 HYDevelopment ServiceslMasterslBonds & AgreeemnIdHold Harmless Agreement Drainage Rev. 12/06/98 State of California 1 ) County of San Diego I (Name, Title of Officer) personally appeared wn to me -OR - (proved to me on the basis of satisfactory evidence) to be the person(s) whose name@) idare 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 Sig na tmota ry 0 (This area for official notary seal) Title or Type of Document Date of 4. (S.6 s NO. of Pages 3 Signer(s) other than named above 0 Document II II 3 H:/Developmenl ServicesIMasterdBonds & AgreeemtsfHold Harmless Agreement Drainage Rev. 12/08/98