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
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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
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.- 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