HomeMy WebLinkAboutCDP 98-10; CARLSBAD BY THE SEA LLC; 1998-0825980; Hold Harmless Agreement/ReleaseDOC O 1998-0825980
DEC 1:55 PM
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
172
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY J. SMITH, COUNTY RECORDER
FES: 0.00
1998-0825980
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.: 214-022-27
PROJECT NO, 4 NAME: CDP 98-10
CARLSBAD BY THE SEA
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City's approval of a building permit (CB 98-1444) for development
to occur on property described as Lot 2, Block 23 of La Costa Downs Unit Mo. 1, in the City of
Carlsbad, County of San Diego, State of California, according to map thereof No, 2Q13, filed in
the Office of the County Recorder of San Diego County April 6,1927, We, Carlsbad by the Sea,
LLC, the owners of said property promise to indemnify and to hofd the City of Carlsbad, its
officers, agents and employees harmless from liability for injuries to persons, of^dafinage 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
Masters/Forms/Hold Harmless Agt Drainage Rev. 8/18/97
c o
occurring during the construction work or impr»weT|ients 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
day of /JCce&rft- 19 '^
PROPERTY OWNERS
CarrsbadbvtheSea.tL.e
By:
(Sign Here) f "
Chris Salem, Managing Partner
(Print Name and Title)
Date:
By:
(Sign Here)
(Print Name and Title)
Date:
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
By:
fCity Attorney
(Proper notarial acknowledgment of execution by the OWNER(S) must be attached).
Masters/Forms/Hold Harmless Agt Drainage Rev. 8/18/97
State of California
County of San Diego
On
174
(Date)
personally appeared
before me,CAROLYN L. KAHLE-FINNERTY
(Name, Title of Officer)
(Name[s] of Signer[s])
_, personally known to me -OR -
(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
CAROLYN L KAHLE-FINNERTY
Commission i 1095251
Notary Public — Calfomla
San Diego County
My Comm. Expires Apr 18.2000
Signature of Notary
(This area for
official notary seal)
Title or Type of Document
Date of Document /£~%~9?
Signer(s) other than named above
No. of Pages
ff