HomeMy WebLinkAboutCT 91-06; La Costa Estancia LP; 1992-0343119; Hold Harmless Agreement/Release,
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flF: i * ;i 8.8 Parcel No. 255-031-20
HOLD HARMLESS AGREEMENT DRAINAGE PE 2.92.01, CT 91-06
In consideration of the City's approval of a drainage plan
(Plan No. 327-211) and improvement plans (Plans No. 327-2) for
development tu occur on property described as See Exhibit "Al*
(APN 255-031-201, We La Costa Estancia, A California Limited
Partnership the owners 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.
Agreements/AG-14.FRM REV. 5/21/90
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J-i0688
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HOLD HARMLESS AGREEMENT - DRAINAGE
BY: sRH/cs
DATE: March 10, 1992
PAGE 1 of 1
PR 3.4.132
"EXHIBIT A"
Parcel 1 of Parcel Map No. 13790, in the City of Carlsbad, County of San Diego, State of California, according to the Map thereof No. 13970 filed in the Office of the County Recorder of San Diego County on September 25, 1985, as File Page No. 85-355261 of
Official Records.
Robert G. Schoettmer L.S. 4324
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It is further agreed that the above owner(s) will maintain
I 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 descr*
IN WITNESS has executed this ,ii ,- )> ,<:,I ,; :: instrument thi,g$;m
$7 _ : ” :. 3, ,i i 3 $2<” ,i is ,( yr&$” :, &P ,'# 1942-- ( -~f$&‘:~~. ;: !’
_:g; .'i.,$ i( :' i ,, :; Ii a, ii, )’ ,, '::( ':A Clalifornia Limited
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APPROVED
VINCENT F.
By: Ddputy City AttoMey
(Proper notarial acknowledgment of execution by the OWNERS must be attached).
Agreements/AG-14.FRM REV. 5/21/9G
TO 1954 CA 18.741
-9 (Corporation as a Partner of a Partnership)
STATE OF CALIFORNIA 1 ^^
356
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Orange f ss. COUNTY OT
On ’ * April 8, 1992 before me, the undersigned, a Notary Public in and for
said State, personally appeared David M. Cunnibqham , known to me to be the
and President, James L. Barisic , known to me to be the
Secretaryof Cunninaham-Barisic Dev. Cot-p ,
the corporation that executed the within instrument a’,i known to me to be the persons who executed the within instru- ment on behalf of tiid corporation, said corporation being
known to me to be one of the partners of LaCOS%- Estancia the partnership that executed the within instrument, and ackiowledged to me that such corporation executed the same as such partner and that such partnership executed the same.
WITNESS my hand and official seal.
Signature JjL&&,& 6 ki!&dd .
cl-his we8 for oflkial notarial seal) ---._- -- .~ ~.