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Home My WebLink AboutCT 97-13; Carlsbad Oaks North Partners LP; 2006-0854466; Hold Harmless Agreement/ReleaseDQC# 2006-0854466 l__^ *Wrf* •t.^ * • . . — iHiiHlBlMBHIIIII RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 DEC 01 ,2006 10:35 AM OFFICIAL RECORDS FEES: PAGES: 0-00 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 209-120-09 PROJECT NO. & NAME: CT 97-13 Carlsbad Oaks North Phase 2 HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 415-91) for development to occur on property described as (see attached, Exhibit "A"), according to Map thereof No. APN 209-120-09, I/We, Carlsbad Oaks North Partners, L.P., a California Limited Partnership, the owners of said property promise to indemnify and to hold the City of Carlsbad, its officers, agents and 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 H:\Development Services\PROJECTS\CT FILES\CT 1990 - 1999\CT 97-13 Carlsbad Oaks North - WickharrtBonds and AgreementslHOLD HARMLESS AGREEMENT DRAINAGE(DWG 415-9J) doc 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. 2 H:\Development Services\PROJECTS\CT FILES\CT 1990 - 1999\CT 97-13 Carlsbad Oaks North - Wickham\Bonds and AgreementsMHOLD HARMLESS AGREEMENT DRAINAGE(DWG 415-9J).dOC 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 18th day Of October t 2Q 06 . PROPERTY OWNERS Carlsbad Oaks North Partners, L.P., a California Limited PartnershipBv: Sun Tech lnvestmerf&jC<nFR., a California corporation General Partner By: ire) Paul K. Tchang, President (Print Name and Title) Date. October 18, 2006 By: (Sign Here) (Print Name and Title) Date: (Proper notarial acknowledgment of execution by SUBDIVIDER must be attached) (Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney H:\Development Services\PROJECTS\CT RLESVCT1990 -1999\CT 97-13 Carlsbad Oaks North • WickharrABonds and AgreementsUHOLD HARMLESS AGREEMENT DRAINAGEfDWG 415-9J).doc State of California ) ) County of San Diego ) QnOct. 18, 2006 before me, Paula Banner, Notary Public , (Date) (Name, Title of Officer) personally appeared Paul K. Tchang (Name[s] of Signer[s]) _,.XXpersonally known to me -OR - D (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 entity upon behalf of which the person(s) acted, executed the instrument. -^ " n • - -n a_ HARMW Sv^^zzl^MH ^***nflnMd(t(S?*5tlSB NotarvPi*i WITNESS my hand and official seal __ Signature of Notary (This area for official notary seal) Title or Type of Document Hold Harmless Date of Document October 18, 2006 Signer(s) other than named above N/A Agreement No. of Pages 5 H:\Development Services\PROJECTS\CT FILES\CT 1990 - 1999\CT 97-13 Carlsbad Oaks North - WickharrtBonds and Agreements\HOLD HARMLESS AGREEMENT DRAINAGE(DWG 415-9JJ.doc Exhibit "A LEGAL DESCRIPTION Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: Carlsbad Tract No. 97-13-02, Carlsbad Oaks North Phase 2, being a subdivision of that portion of Lot "B" of Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 823, filed in the Office of the County recorder of San Diego County, November 16, 1896.