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HomeMy WebLinkAboutCT 83-21; TREETOPS UNLIMITED; 0; Hold Harmless Agreement/ReleaseRECORDING REQUESTED ^ WHEN RECORDED MAIL. TO: CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, California 92008 Space above this line for Recorder's use Documentary transfer tax: $ No fee Sig&ature of declarant determining tax- firm name City of Carlsbad Parcel No. HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (Plan No. - 245-9A ) and/or improvement plans (Plan No. 245-9 ) for development to occur on property described as Carlsbad Tract 83 21 (APN 167-101-2 ), i (we) Treetops Unlimited, a joint venture 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 taking. • City shall . <oe an insurer or surety y 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 occuring 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 , 19 . OWNER(S): (Notarial acknowledgment of execution by the OWNER(S) must be attached). Soc H 111 1U oc 1Cou STATE OF CALIFORNIA COUNTY Of. ""^ On this I1**day of SS. 19 _a2, before me, the undersigned, a Notary PubJJc,in and for said county and state, personally appeareukssel _ iand./ fknown to me (or proved to me on the basis of satisfactory evidence) to be the President ™« respectively of the corporation that executed the within instrument, said persons being known to me to be the persons who executed the within instrument on behalf of said corporation, said corporation beina known to me to be one of the joint venturers of ir*£mpx UnlimLfyi .thejoint venture that executed the within instrument and acknowledged to me that such corporation executed the same both individually and as joint venturer of said joint venture and that such joint venture also executed the same. WITNESS my hand and official seal. Sanctity of Contract FORM - CJV Notary Public in and for said county and state. FOR NOTARY SEAL OR STAMP OFFICIAL SEAL ROBIN K DE KOLD NOTARY PUBLIC - CALIFORNIA SAN DIEGO COUNTY My comm. expires AUG 30, 1988 STATE OF CALIFORNIA) OOUNIY OF SAN DIEGO)s' On this 13th day of JUNE 1985, before me, the undersigned, a Notary Public in and for said County and State, personally appeared .JOHN J. SUMMERS _ , proved to me on the basis of satisfactory evidence to be the VICE President, and DENNIS M. FERDIG known to me to be the VICE PRESIDENT Seaoeaay, of PACIFIC SCENE, INC. , the corporation that executed the within instrument on behalf of said corporation, said corporation being known to me to be one of the Joint ventures of 'IHUMXM! UNLIMITED, the joint venture that executed tht within instrument, and acknowledged to me that such corporation executed the same, both indi- vidually and as joint venturer of said joint venture, and that such Joint venture also executed the same. WITNESS my hand and official seal. ,0 Q6fv rj] Public irTstnd uB-n un r said County and State MM DM00 COUNTY J My Comm. Cxp Jim* 17,1988J