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HomeMy WebLinkAboutCT 85-05; The Anden Group; 86-197976; Hold Harmless Agreement/Release* ou-rg4u4t e u 1657 1 -+*,.lj. r ., J - RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, California 92008 - Space above this line for Recorder's use Documentary transfer tax: $ m &E- Signature of declarant determining tax - firm name City of Carlsbad Parcel NO. 223- 322- 6 i HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage 1 (Plan No. ) and/or improvement pl (Plan No. 262-6 ) for development to occur on property described as 1 (APN 333 - 337 -01 ) (the "Property"), THE ANDEN GROUP, a gem partnership ("Owner"), promises to indemnify and hold the Citj Carlsbad and any of its agencies or employees harmless j liability for injuries to persons, or damage to or taking property, directly or indirectly caused by the diversion waters, the alteration of the normal flow of surface waters drainage, or the concentration of surface waters or drainage 1 the drainage system or other improvements identified in * 4 * v. (a658 approved plans; or by the design, construction or maintenana the drainage system or other improvements identified in approved plans. Approval of the plans by the City shall not constituk assumption by the City of any responsibility for such darnagc taking. City shall not be an insurer or surety for the desigi construction of the improvements pursuant to the approved pli nor shall any officer or employee thereof be liable responsible for any accident, loss or damage happening occurring during the construction work or improvements specified in this Agreement. It is further agreed that Owner will maintain all drair systems to insure a free flow to a satisfactory point discharge unless said systems are accepted as public facilitic Owner has discovered an ancient landslide which under1 the Property and adjacent property. The parties agree that t Hold Harmless Agreement applies to any of the liabilities claims described above which result from movement of landslide if that movement is proximately caused by grad operations by Owner, by water being introduced into the lands1 by alteration of surface drainage by Owner, by any improveme by Owner, or by failure of or leakage from subsurface dra being installed by Owner. This Hold Harmless Agreement does apply to any liability or claims arising out of earth movem caused by the landslide due to any other naturally-occurr conditions and/or improvements constructed by or on behalf anyone other than Owner. c c I, * 0 .r e b isss It is further agreed that this Agreement shall be bindin1 all heirs, successors or assigns having an interest in all or part of the Property described herein. IN WITNESS WHEREOF, the undersigned has executed 19 86 . May I instrument this 1st day of OWNER : THE ANDEN GROUP, a California general partnership By: MIDEN CORPORATION, a California corporation, General Partner B Assistant Secretary 1 )ss. 1 STATE OF CALIFORNIA COUNTY OF SAN DIEGO On May 1, 1986 , before me, the undersigned Notary Public in and for said State, personally appeared R. FISH, known to me to be the Assistant Secretary of MI CORPORATION, the corporation that executed the within instrun and known to me to be the person who executed the wit instrument on behalf of said corporation, said corporation be known to me to be the General Partner of THE ANDEN GROUP, general partnership that executed the within instrument, acknowledged to me that such corporation executed the same such partner and that such partnership executed the same. WITNESS my hand and official seal. *.~~.+~*~0~0~~*~~~~~~*..*. OFFICIAL SEAL ~ JULlEANNE MUCERA ; 7L oaS’~\J4 ,4; Notary Public Callforn,a , MY Comm Ex? Aug 5. 1988; /@ A 4 San Prrnctcaf Diego Office County In : 4 t %‘,&%P + -A-.*+o*.+*#.+- b +4+++* 0 0 4 * 0 Q *