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HomeMy WebLinkAboutCT 02-01; Zathas, James & Kiki; 2003-1322226; Hold Harmless Agreement/ReleaseDOC # 2003-1322226 RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 ASSESSOR’S PARCEL NO.: 204-251-01-00 ; 204-251 -02-00 ; 204-251 -03-00 PROJECT NO. & NAME: CT 02-01 QCT 309 2003 4215 PM OFFICICIL REm w DIEGO WUNTY RErnR’S OFFICE 6REGORY J. SnITH, MILRCTY RECORDER FEES: 0.00 SPACE ABOVE THIS LINE FOR RECORDERS USE Pacific View Condominiums HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City’s approval of a drainage plan (DWG 409-5A) and improvement plans (DWG 409-5) for development to occur on property described as Lots 1, 2 and 3, block “E” of Palisades, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 1747, filed in the Office of the County Recorder of San Diego County, February 5, 1923. (I)We, James Zathas and Kiki Zathas, trustees of the James and Kiki Zathas Revocable Trust November 25, 1987, 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:/Development Services/Masters/Bonds 8 Agreeemnts/Hold 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 FI- PROPERTY OWNERS James Zathas and Kiki Zathas, trustees of the James and Kiki Zathas Revocable Trust November 25, 1987 n James Zathas, Trustee of the James and Kiki Zathas Revocable Trust November 25. 1987 (Print Name and Title) Date: io - By: &,I &, ~O&Q Kiki Zathas, Trustee of the James and Kiki Zathas Revocable Trust November 25, 1987 Date: [o- [ - 03 u (Sign Here) (Print Name and Title) (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 i Attorney t U 2 i:IDevelopment ServicesIMasterslBonds & AgreeemtsMold Harmless Agreement Drainage Rev. 12/08/98 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Diego On b I , before me, Barbara K. Farkas, Notary Public personally appeared \ h.W\ Date / onally known to me to me on the basis of satisfactory 11, I .. the entity upon behalf of which the person(s) acted, executed the instrument. ~ 4 I 1, I Place Notary Seal Above g OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of form to another document. Description of Attached Docu Title or Type of Document: 1- 'J Numberof Pages: 2 w Document Date: Signer(s) Other Than Named Above: Jc_ Capacity(ies) Claimed by Signer Signer(s) Name: 0 Individual Corporate Officer - Title(s): 0 Partner-0 Limited UGeneral Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: I I /-- - Signer is Representing: 1989 Natlonal Notmy *.socl.Uon * 93s De Sdo Avv.., P.O. BCK 2402 - Chbworth, CA 01312-2402 'Mnetlonalnotyxg Prod. No. SO7 Reord.~ Call TdlPno 1-8004764827