HomeMy WebLinkAboutCT 02-22; Western Pacific Housing Inc; 2004-1201093; Hold Harmless Agreement/ReleaseDOC # 2004-1 201 093
RECORDING REQUESTED BY
WHEN RECORDED MAILTO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
SPACE ABOVE THIS LINE FOR RECORDER'S USE
DEC 21,2004 4:45 PM
UFFlClAL RECORDS 5Ati DIEGO CUUNT'r' RECUHDER'S OFFICE GREGORY J SMITH COUNTY HECUHUER
P.4GES 3
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ASSESSOR'S PARCEL NO. : 21 3-1 1 1 -04
PROJECT NO. & NAME: CT 02-22.
La Costa Greens Neiahborhood 1.09
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City's approval of a drainage plan (DWG 406-7A) and
improvement plans (DWG 406-7) for development to occur on property described as Lot 9 of
Carlsbad Tract 99-03, La Costa Greens, in the City of Carlsbad, County of San Diego, State of
California, according to map thereof No. 14543, filed in the Office of the County Recorder of
San Diego County, February 12, 2003. (I)We, Western Pacific Housing, Inc., a California
corporation, 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
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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
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?%
day of 1, ,20 04 .
PROPERTY OWNERS
Western Pa-yg, Inc., a California corporation
By:
DavdopedPresident
(Print Name and Title)
(Sign Here) By:
Chris StaniceWVice President
(Print Name and Title)
Date: JQIQQID~ I I1
(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
&sista&City Atiorney
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State of California ) 1 County of San Diego )
On before me,
personally appeared (Name[s] of Signer[s])
I &ersonally known to me -OR - 0
(( to be the person(s) whose name(@
Ware subscribed to the within instrument and acknowledged to me that keCskelthey
executed the same in ,hkher/their authorized capacity(ies), and that by hkkr/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
\y$&A
Signature of Notary
(This area for
official notary seal)
Title or Type of Document
Date of Document
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