HomeMy WebLinkAboutCT 90-14; Bramalea California Inc; 1992-0430209; Hold Harmless Agreement/Release. c
RECORDING RE(;&STED BY AND WHEN RECORDED MAIL TO:
CITY OF CARLSBAD 1 1200 Elm Avenue 1 Carlsbad, California 92008 Space above t:
nccr/ypL REgjRD$ 4.l.L rt %I? DIEGlt S!#TY RECDRDER’S OFFICE BH!+ETTE EVAWS~ COUW RECtJRDER F
Parcel No. 215-612-04 P-f I
HOLD HARMLESS AGREEMENT DRAINAGE
In consideration of the City*s approval of a drainage plan
(Plan No. 322-314) and/or improvement plans (Plans No. 322-3) for
development to occur on property described as Aviara Planning
Area 16, CT 90-14 (APN 215~612~04), We Bramalea California, Inc.
the owners af 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
prw=W, 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.
It is further agreed that the above owner(s) will maintain
Agreements/AG-14.FRCl 1 REV. 5/21/90
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all drainage -systems to insure a free LLOW 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 29th day of October ,199l .
Br Iam California, Inc. A California Co%p$?ra-tion
APPROVED AS l% FORM:
Senior Vice President !
VINCENT Fe BfCWbB, JR. City Attorney
By: Deputy City
(Proper notarial acknowlekjment of execution by the OWNERS must be attached).
Agreements/AG-14.FRM REV. S/21/90
1928
1 STATE OF CALIFORNIA )ss.
COUNTY OF Orange 1
00, before me, the undersigned, a Notary Public in and for
said State, personallyappeared Jack Reimer-------------------------------- and
iMcGinnis------------------------- personally known to me (-=&&-x$I~&
msb8XwXmlUWXwto be the persons who executed the within instrument as
. e President and Sr . V -P - won behalf of
Bramalea California, Inc.
the corporation therein named, and acknowledged to me that
suchcorporationexecutedthewithin instrumentpursuanttoits
by-laws or a resolution of its board of directors.
WlT6lESS my hand and official seal.
Signature ti!.uU&
OFFlCfAL SEAL
DEE WALLIN
NOTARY PUBLIC CALIFORNIA
PRINCIPAL OFFICE IN ORANGE COUNTY
My Commission Exp. Apr. 19. 1992
(This area for official notarial seal)
.