HomeMy WebLinkAboutCT 90-05; Barratt American Inc; 1994-0524580; Hold Harmless Agreement/ReleaseAF: 2, QC *I-. ;ir m ! nq . , ij i
RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: City Clerk 1 CITY OF CARLSBAD 1 1200 Carlsbad Village Drive ) Carlsbad, California 92008 1 Space above this line for Recorder's use
Parcel No. 215-612-06 61 07 cr %-SF
BOLD HARMLESS AGREEMENT DRAINAGE
In consideration of the City's approval of a drainage plan
(Plan No. 321-3A) and/or improvement plans (Plans No. 321-3 and
324-2) for development to occur on property described as Aviara
Planning Area 7, CT 90-05 (APN 215-612-06 t 07), We Barratt
American, Incorporated, a Delaware Corporation the owner 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
I~~mmtsIAG-14.FRM 1 RN. 5/21190
occurring during the construction work or improvements as
specified in this agreement.
It is further agreed that the above owner 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 8th day of August , 19 94 .
Barrett American ,Incorporated, A DelawaGzzion
By : /-++mvm SON, PRE;$fDENT
APPROVED AS TO FORM:
RONALD R. BALL City Attorney
By: City Attorney
(Proper notarial acknowledgment of execution by the OWNER(S) must be attached).
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948
STATE OF CALIFORNIA 1
) ss.
COUNTY OF SAN DIEGO )
On August 8, 1994 before me, Lynn C. Hanson, Notary Public, personally
appeared Stephen R. Reid and Michael Pattinson, Personally known to me to be
the persons whose names are subscribed to the within instrument and
acknowledged to me that they executed the same in their authorized capacities,
and that by their signature on the instrument the persons, or the entity upon
behalf of which the persons acted, executed the instrument.
WITNESS my hand and official seal.