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HomeMy WebLinkAboutCT 93-04; Continental Ranch Inc; 1999-0490705; Hold Harmless Agreement/ReleaseRECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 DOG -+ 1999-0490705 4085 JUL 15. 1999 9:59 AM aT1cuy REURDS glY(DlEWOOUClVN’SanCE -tkiim’ 7!K= : . lilllllllll~liBlllBllOlllillllllllHlnlilll 1999-0490705 SPACE ABOVE THIS LINE FOR RECORDER’S USE :; :__.I ; 1: ; il‘~‘~q+~v ::: +; !j:‘ ,“,“~~~~~~ff~~,j~~RCEL NO.: 215-030-09, ,; ‘( j, 215-031-04, 05, 06, ,I .’ ‘jj& 222-01 A-06, 222-012-01,02 / 4: ’ “f%- -, ji y&)@<=T NO. & i&f@ E: AL ; : ‘CT‘ 93:#4 (:_( g( (( wmcH0 c~fi&tiLo viLLAcg R & PORTION OF VILLAGE Q .“““’ HOLD HARMLESS AGREEMENT :, _’ DW!NAGE. ~, :, ,z, ,. *is i(I *, (‘ -. 1)‘ t+ ,(lj_ 53; j I~,, ‘_ ‘~:“;. : >.t ,:; “ : I’, ,,:, j_, ‘i-i a ,::,,i: In Consid~rati&&f the City’s approval of a improvement plan (Ptan f$o. DWG 363-2) for 0 t ,’ El:, (,,i_, ,I ::jsj;, development to occu&%n property described as a portion of the southerly half ofS&tfbn”~l8 and a portion of Section 19, Township 12 South, Range 3 West, Z%d Bernardino f&idi‘an and a portion of fractional sections 13 & 24, Township 12 South; ,‘Range 4 West,’ San &rnardino Meridian, City of Carlsbad~ County of San Diego, State of California, ;&e; Conti?nental Ranch, I,{: Inc., a Delaware corporation, the’owners of said property promise to indemnify and to hold the ,_’ _((: City of Carlsbad, its officers, agents and’ employees tiarmfess from liability for injuries to persons, or damage to or taking of property, ,directly or indirectly caused by the diversion of I, waters, the alteration of the normal,flow of surface w@$/$: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 p!ans. 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 Masters/Fons/Hald Harmless Agt Drainage 1 Rev. 12/08/98 4086 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 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 agre~b$2!%fiall~~be binding on all heirs, successors or ‘,g ~- s(:,,,:_ assigns having an interest in all or any part ofthe property de&b&d ‘herein. IN WITNESS WHEREOF, the~undersigne&~has executed this ins&-nent this 8 day of &IV& ‘0 , 19 79 . ;:);;,, PROPERTY OWNERS :?*.-‘t >:i{;!,:l Continental Ranch, Inc., a Delaware corborat$.%’ ,‘ ,) ,fi, : ,:/ j (Sign Hy-51 :‘ 0, ,’ ,_ ,* , $f, ,;,,:I ‘- iq.. David A. Lother, Vice-,President II .:rii? i ,‘:” ,..,:.;..,i$: I:’ ,I L‘$;i;. : (Print Name and Title) ~; “I: :, : Date: r&/vg g /“9&p) I ) ,::;::, (::I’ s:.; , :‘:I j ‘ I Ey: ::a : (:+: !:_j_: (Sign lierej ‘.‘.j (i’l 1’ ‘( (; I c $Xj :, t:$i.; (Print Name and Title) ’ ,’ :‘:$ ~(2 . . . “I‘ ” ‘I Date: I, I_ (I “ ,I ::_I( ,, Et: APPROVED AS TO FOR&l: RONALD R. BALL City Attorney :, : ,,a“ By: (Proper notarial acknowledgment of execution by SUBDIVIDER must be attached) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) I Masters/Forms/Hold HarmleSs Agt Drainage 2 Rev. 1 Z/08/98 4087 State of California County of San Diego ) ,@ /?q? before me, /?Y?~+uz&+ J (Date)’ personally appeared . , Y- (N&e, ?itle of Officer) (Name[s] of Signer[s]) I personally known to me -OR - ntv evi&~~@ to be the person whose name subscribed to the within instrument and acknowledged to me tha GJP/ h /s e/t$ey the same in @{ 4 r/th rr authorized capacity($), and that by &hb/t$ir signature on the instrument the person( or entity upon behalf of which the person $ acted, executed the instrument. WITNESS my hand and official seal (This area for official notary seal) Title or Type of Document Date of Documen Signer(s) other than named above No. of Pages &