HomeMy WebLinkAboutCT 90-09A; Western Pacific Housing; 1996-0494526; Hold Harmless Agreement/ReleaseRECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA. 92008
L-3 ii 1996-0494526 30-SEP-1996 ll:49 All
OFFICIAI. RECOROS
1634 SAH DIEGO COlMTY RECORDER’S OFFICE GREGORY S”;Ttfi CO~~~~E~E~OROER RF: AF: ioo ’
: 13.0
flF: 1.00
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Assessor’s Parcel No. 215-592-I 2, 215-592-I 3,
215-592-I 4, 215-592-I 5
Project No. & Name AVIARA PA 5, Unit 2
CT~O -o?‘cAj
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City’s approval of an improvement plans (Plan No. 348-l) for
development to occur on property described as Lots 95 and 98 and portion of Lots 96 and 97 of may
12411, We, Western Pacific Housing, the owner(s) of said property promise to indemnify and to hole
the City of Carlsbad and any of its agencies qr 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 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.
AgreementsbIG-14.FRM 1 REV 6126195
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
I
day of ha&ST ,I9 ?L .
PROPERTY OWNERS:
Western Pacific Housing - AVJARA, L-P., A California
Limited Partnership, As Owner
Housing, Inc., A California Corporation,
General Partner
/print Name aQd Title)
Lance M. Waite, Vice President, II LAMCO Housing, Inc.
(Print Name and Title)
Date: c/&3 /q b
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
By:
DeP-Idc ity Attorney
(Proper notarial acknowledgment of execution by the OWNER(S) must be attached).
AgreementsWG-14.FRb.d REV WZ6l95
-, . , .
STATE OF CALIFORNIA 1
COUNTY OF .~AJ,I 31 EGO }ss.
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On &WS+ 20. ICC6 , before me, v1\. 3fD~yo& m&W
personally appeared J-&cE j4f. I&r T-E
personally known to me
(or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s) or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature y
(This area for officia! notarial seal)
w--*-I M. H0wa-g
Camm. #996483 n
VTARV PLIBLIC . CALIFORNI#
Title of Document
Date of Document No. of Pages
Other signatures not acknowledged
3008 (l/94) (General)
Frrst Amencan Title Insurance Company