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HomeMy WebLinkAboutCT 80-38; BIRTCHER BUSINESS CENTER-CORPORATE PALOMAR; 82-198689; Hold Harmless Agreement/Release219 /82-108689 RHi '•'RDING REQUESTED BY AND WHL RECORDED MAIL TO: . CITY OF CARLSBAD " . 120*0 Elm Avenu'e Carlsbad, California 92008 RECORDED !!-.' OFFICIAL RECORDS i,OF SAtlCa-GQCCl.M'Y.CA.! 1382 JUN28 A!!!!' 39 i VFi'A i '• '• i ' - COUNTY KLCCnDEfi Space above this line for Recorder s use Documentary transfer tax: $ No fee __ _ . Signature of declarant determining tax- firm name City of Carlsbad Parcel' No.213-020-16 HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (Plan No. 211-8A ) and/or, improvement plans (Plan No. 211-8 ) f°r development to occur on property described as CARLSBAD TRACT 80-38 (Palomar Oaks) (APN 213-020-16 ), I (We) BIRTCHER BUSINESS CENTER - CORPORATE PALOMAR, A California Limited Partnership, the owner(s) of said property promise to indemnify and to hold the City of Carlsbad and any of its agencies or 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 • : . 2198 .- 2 - taki.g. 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 occur ing 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 sys'tems- 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 {&£& _ , 19_ BIRTCHER BUSINESS CENTER - CORPORATE PALOMAR, a. California Limited Partnership General Partner CAMPBELL-PALOMAR , a. general partnership By: BIRTCHER PACIFIC, a general partnership B By: ROBERT M. CAMPBELL an individual Rober-nrr Cl u (Notarial acknowledgement of execution by the OWNER(S) must be attached). STATE OF CALIFORNIA >- COUNTY OF _o> said State, personal! H 2199 ., before me, the undersigned, a Notary Public in and for ML. ~ known to me to be the person whose name ~~ subscribed to the within instrument and acknowledged to me - executed the same.. J= that 5 WITNESS my hand a/id Official seal. 8 o Signatureu_ Name (Typed or Printed) OFFICIAL SEAL PATRICIA ANDRFSEN NOTARY PUBLIC CALIFORNIA ORANGE COUNTY My Commission Exp April 22,1985 j • •••••••••••M (This area for official notarial seal) STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE ) On this Fifth day of August , 19 81 , before me, the undersigned, a Notary Public in and for said State, personally appeared ARTHUR B. BIRTCHER ^ ___^__ ) known to me to be one of the partners of BIRTCHER PACIFIC , a partnership, said partnership being known to me to be one of the partners of CAMPBELL-PALOMAR _,- a partnership, the partnership that executed the within instrument and acknowledged to me that they executed same as partners of the partnership first above named and that said partnership executed the same as a partner of CAMPBELL-PALOMAR . WITNESS my hand and official seal. IOOOOOI OFFICIAL SEAL PATRICIA ANDRESEN MOTARY PUBLIC'CALIFORNIAORANGE COUNTY Mv Commission Exp April 22,1985 j »aooocxa o B aool Patricia Andresen