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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 FEES n 00 i llliil lllli 1111 ll1111ll11 1111 11111 11111 Ill1 11111 I1111 I1111 11111 1111 1111 IYI 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 1 H:/Development SefvicesfMastersfEIonds & AgreeemnWHold Hanless Agreement Dramage Rev. 12/08/98 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 2 +b H:/Development Services/Masterr/Bonds & AgreeemntsJHold Harmless Agreement Drainage Rev. 12/08/96 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 3 H:/Development Services/Masters/Bonds 8 AgreeemnWHold Harmless AQreement Drainage Rev. 12/08/98