HomeMy WebLinkAboutCT 02-18; Anastasi Development Company LLC; 2005-1054383; Hold Harmless Agreement/ReleaseDOC# 2005-1054383
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
DEC 07, 2005 3:48 PM
OFFICIAL RECORDS
C:AN DIEGO COUNTY RECORDER'S OFFICE
GREGORY,.!. SMITH, COUNTY RECORDER
FEES: 0.00
PAGES: 3
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO(S).: 206-120-03,08,
09,10,11,12,14,15
PROJECT NO. & NAME: CT02-18
The Bluffs
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City's approval of a drainage plan (DWG 426-8A) for
development to occur on property described as Lots 3, 7, 8, 9, 10, Block A, according to Map
thereof No. 2103, I/We, Anastasi Development Company, LLC, a California limited liability
company, 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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H:/Development Services/Masters/Bonds & Agreeemnts/Hold 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
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 I k
day of (Wyxfr-V 2005 .
PROPERTY OWNERS
Anastasi Development Company, LLC, a California
limited liability company
By:
(Sign Here)
Wayne G. Anastasi, Chairman
(Print Name and Title)
Date:
(Sj
J. Darryl Nyznyk, President
(Print Name and Title)
— 11 S /^
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 Services/Masters/Bonds & Agreeemnts/Hold Harmless Agreement Drainage Rev. 12/08/98
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of LOS ANGELES
ss.
On AUGUST 16, 2005 before me, PATRICIA WATTS, NOTARY PUBLIC
Name and r«e of Officer (e.g.. •Jane Doe. Notary PuMkO
personally appeared ^- DARRYL NYZNYK AND WAYNE G. ANASTASI
PATRICIA WATTS
Commission* 1358667
Notary Public-California
Los Angeles County
MvComm. Expires Jun 23.2006
Name(s)ofSigner(si
^Impersonally known to me
D proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) Je/Sre
subscribed to the within instrument and
acknowledged to me that bafefleAhey executed
the same in ,J«*tTer/their authorized
capacity(ies), and that by hietflSr/their
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
ial seal.
Signature of Notary Public
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 this forni to another document.
Description of Attached Document
Title or Type of Document:
Document Date:. Number of Pages:.
Signer(s) Other Than Named Above:.
Capacfty(ies) Claimed by Signer
Signer's Name:
D Individual
D Corporate Officer — Trtle(s):
D Partner — D Limited D General
D Attomey-in-Fact
D Trustee
D Guardian or Conservator
D Other
Signer Is Representing:.
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