HomeMy WebLinkAboutCT 97-13; Carlsbad Oaks North; 2004-1180067; Hold Harmless Agreement/ReleaseRECORDED REQUEST OF
First American Title
SUUDIVISION MAPPING DEPT
RECORDING REQUESTED BY
WHEN RECORDED MAILTO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
DOC # 2004-1 180087 I ll1ll1ll Ill 1111111111111111111111111 11111 111ll111ll Ill11 11111 1111 1111
DEC 15,2004 3:52 PM
OFFICIAL RECORDS SkN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH, COUNTY RECORDER FEES: 0.00
PAGES: 3
2004-1 180067
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NOS: 209-050-21
209-050-22
209-050-23
209-050-24
PROJECT NO. & NAME: CT 97-13
CARLSBAD OAKS NORTH
HOLD HARMLESS AGREEMENT
DRAl NAG E
In consideration of the City's approval of a drainage plan (DWG 415-9A) for
development to occur on property described as a 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.
INVe, 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
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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 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 gfi
dayof 0C.f;Lr , 20&.
PROPERTY OWNERS
Carlsbad Oaks North Partners, L.P., a California Limited Partnership
Sun Tech Investments Corp., a California
By: " (Smiere)
Paul K. Tchang, President
(Print Name and Title)
Date:
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
L
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State of California 1 1
County of San Diego 1
On Oct. 18, 2004 before me, Kimberly L. Aeria, Notary Public I (Name, Title of Officer) (Date)
personally appeared Paul K. Tchang
(Name[s] of Signer[s])
I personally known to me -OR - 0
(proved to me on the basis of satisfactory evidence) to be the person(s) whose name(@
idare 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.
WITNESS my hand and official seal
(This area for
official notary seal)
Title or Type of Document Hnl ms Agr eement - Drainage
of No. of Pages 1 D::kent 10/18/04 3 11 Signer(@ other than named above
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