HomeMy WebLinkAboutCT 01-11; Sanwin LP; 2003-1322228; Hold Harmless Agreement/ReleaseRECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
DOC ## 2003-1322228
UCT 309 2003 4~15 PPI
rnICIfV REm
Ftlys DIEGO CWNTY REWRDER’S NICE GREGORY J. SWITHr COuHlY RECORER FEES: 0.00
SPACE ABOVE THIS LINE FOR RECORDER’S USE
ASSESSOR’S PARCEL NO.: 2~4-~5~-~3-~~
PROJECT NO. & NAME: CT 01-1 1
Ocean Breeze Condos
HOLD HARMLESS AGREEMENT
DRAl NAG E
In consideration of the City’s approval of a drainage plan (DWG No. 402-9A) for
development to occur on property described as the south 30 feet of Lot 3, all of Lot 4 and the
north 30 feet of Lot 5, in Block “P of Palisades, in the City of Carlsbad, County of San Diego,
State of California, according to the Map thereof No. 1747, filed in the Office of the County
Recorder of San Diego County, February 5, 1923, (I)We, Sanwin Limited Partnership, a Limited
Partnership, 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
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H:/Development ServicesiMasterdBorrds 8 AgreeemnWHold 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 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 7 3-
day of ,2061
PROPERTY OWNERS
mited Partnershir,
t
Date: c /
(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
ity Attorney
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H:/Developrnent SetvicesiMasterdBonds 8 AgreeemntsMold Harmless Agreement Drainage Rev. 12/08/98
State of California
County of San Diego
before me, 3
I
personally appeare
drsonally known to me -OR -
(proved to me on the basis of satisfactory evidence) to be the person(s) whose name@)
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@) on the instrument the person@), or entity upon behalf of which the person(@
acted, executed the instrument.
WITNESS my hand and official seal
(This area for
official notary seal)
Title or Type of Document
Date of No. of Pages
Document
Signer(s) other than named above
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Notary Acknowledgements
County of Maricopa )
State of Arizona
) ss.
county of Utah )
) ss.
State of Utah )
Subscribed and sworn before me, a duly licensed Notary Public, the following individual,
Alan T. Macdonald , this day of 4 I) \\I ,2003.
JACLYN MURPHY Norwwuc e sur€ OFUTAH
SANDY, UT. uoro 11075 SO. STATE ST. 113
COW. EXP. 12-1 5-2003