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HomeMy WebLinkAboutCT 02-25; Hall Land Company Inc; 2004-0300289; Hold Harmless Agreement/ReleaseDOC !# 2004-0300283 QPR 089 2004 424’7 PM RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 OFTICIN. RECOAB S(IN DIEGO COUNTY RECORDER’S OFFICE GREGORY J. YITH, CWNTY EECOKDER FEES: 0.00 SPACE ABOVE THIS LINE FOR RECORDER’S USE ASSESSOR’S PARCEL NO.: 223-170-21~22 PROJECT NO. & NAME: CT 02-25 NORTHPARK AT LA COSTA HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City’s approval of a drainage plan (DWG 416-1A) and improvement plans (DWG 416-1) for development to occur on property described as Lots 227 and 228 of La Costa Vale Unit No. 1, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof no. 7457, filed in the office of the County Recorder of San Diego County, October 18, 1972, (I)We, Hall Land Company, 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, d irectly or i ndirectly 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:IDevelopment ServiceslMasterslBonds & AgreeenntdHdd Harnrless 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 day of Lkum,. ,2004. PROPERTY OWNERS Michael J. Hall (Print Name and Title) Date: By: (Sign Here) (Print Name and Title) 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@) signing to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney 2 H:/Developmnt ServicedMastersBonds & Agreeemntsklold Harmless Agreement Drainage Rev. 12/08/98 State of California County of San Diego personally appeared ;=be\ T. ba\\ (Namelg] of SignerH) &personally known to me -OR - rto be the person@) whose name@) is/ar@ subscribed to the within instrument and acknowledged to me that he/sjbe/p@ executed the same in his/tpf-/tMr authorized capacity(k), and that by his/tpf/tM signature@) on the instrument the person@), or entity upon behalf of which the person@ acted, executed the instrument. WITNESS my hand and official seal 11 1. - C- /AJt-ad&a Signature of Notary COMM.#lMlSB7 Notary PubllcCaUfomla u, SANWEOOCOUNTY -+ z v) W (This area for official notary seal) Title or Type of Document /I Date of No. of Pages Document Signer(s) other than named above