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HomeMy WebLinkAboutCT 84-41; Fieldstone Company Inc; 89-158474; Hold Harmless Agreement/Release-- l IU RECORDING REQUESTED BY AND ) r- ~~:;t;y$rTf;f~ 1f.J $ 1 OFf-;<;;j-? t_ p~::yQ$ WHEN RECORDED MAIL TO: 1 fop S"?.! i :.-t ;: :l-;;Q:':At$sj CITY OF CARLSBAD ! m#R 29 Ml 8: 05 1200 Elm Avenue Carlsbad, California 92008 / corder's use "i QJ? Documentary transfer tax: $ No Fee Signaturflof declarant deter?iiining tax-firm name City of Carlsbad Parcel No. 215-480-13, 14, 15 HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (Plan No. PE 2.88.19, DWG 288-6A) and for development to occur on property described as Parcel 1 and 2 of Parcel Map No. 13158 (APN 215-480-13, 14, 15), I (We) THE FIELDSTONE COMPANY, INC. 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 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 occurring during the construction work or improvements as specified in this agreement. !! t -4 79 - .-I - * s. . /r- . I l , c It is further agreed that the above owner(s) will maintain all drainage I 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 December 13th , 19 88 . City Attorney (Notarial acknowledgment of execution by the OWNERS(S) must be attached). STATE OF CALIFORNIA COUNTY OF On Tbecem fore me, the undersigned, a Notary public fn and for said State, personally appeared and , personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within instrument as -t-and AIhtS&t Secretary, on behalf of -------. naiadrL*,.rA the corporation therein named, and acknowledged to such corporation executed thewithin instrument pursrrant to its f=g$yZM ,.J’~-~leas... - OFilClAL EltL DDNA H. PDRf=~ by-laws or a resolution of its board of directors. fficial seal. NOTARY PlJELlC - CALlFOBNlA &VM2IPAL OFFICE IN SW DIEGO CDUW Signature ial notarial seal)