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HomeMy WebLinkAboutCT 99-02; Fieldstone Poinsettia Cove LLC; 1999-0739476; Hold Harmless Agreement/ReleaseRECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 DOC --it 1999-0739476 NmJ 05s 1999 II:03 ml oFFICI# REm SAN DIE!3 IXWTY RElllRIER’S UTIE GRoGaw g1TH, yTYYR!mRDER : . SPACE ABOVE THIS LINE FOR RECORDER’S USE &!&(~###k~EL NO.: 214-150-I 7 N&d &&i&E: CT 99-02 PWW~TIA &&PERT~ES, PA 7 : ( I ‘._‘I ‘,’ I1 I WCWiiD HARMLESS AGREEMENT “‘ ,,, (:, ” * ‘: ; ) ,: “ DRAINAGE ‘) ‘,c r’:’ : * ;;;,j i,L ;;> .: ‘( Q’jj’, <j:’ I ,” co&a~&$~&&~f tK& atv’s appra~~l,“&f p &.#&@ p,aQi (p&h 1 i,3e’ 3:’ by (,I &;I e; j,b 1, No* : : zf~‘;:~~l g&k&*) and ,, improvement‘ plans ! 4 : I;,‘ $n No. 382-5) for development to occur on property de&ribed as >A i j ;#a~ 1 i> northeast of interse&& of Poinsettia Lane and Carlsbad Blvd., He, Fields~~~,:~~~~nsettia (8’: .,ji:: Cove, LLC, a Dela&/re limited liability company, the owners of said prope@ pmise to (,,@ ESb“ ‘,( *‘~‘~~j~: I L s :,I ‘iii“ indemnify and ,to ,hok&&~ City &&rlsbad; its dftlcers, agents ahd’empfoyeeti kb~bss from (8, (:: ,-.:, ,i ‘:!, ii * ‘i liability for inju&$,f~$$&&$‘s, or damage to or taking of property, di~@i.&‘& i$$$(&f$y caused .; : by the diversion of waters, the alteration of the normal flow of surface waters or tirafnage, or the concentration of surface waters or di&nage from the drain$gB’:$ystem or other improvements identified in the approved~ pfd&s; &- by the de-s5gn, construction o?maln@.Wance of the drainage system or other improvements ideritiri~~~~~ttil‘apprc~~~ld~~f;. ‘,“ ,‘& )“ ,&‘, ,‘- Approval of the plans by the City shall not constitute an assumption by the City of any responsibility for such damage or taking. City shall not be an insurer or surety for the design or construction of the improvements pursuant to the approved plans, nor shall any officer or employee thereof be liable or responsible for any accident, loss or damage happening or occurring during the construction work or improvements as specified in this agreement. Masters/Foms/Hold Harmless Agt Drainage 1 Rev. 12/08/98 It is further agreed that the above owner(s) will maintain all drainage systems to insure a free flow to a satisfactory point of discharge unless said systems are accepted as public facilities. It is further agreed that this agreement shall be binding on all heirs, successors or assigns having an interest in all or any part of the property described herein. IN WITNESS WHEREOF, the undersigned has executed this instrument this day of ‘its managing member ,,‘a ,,, i ‘:‘ a,, 1‘ ” ,vp’, :‘ “> (Print Name and Title) (ii E ‘jj 1 12 ‘>i i :;:;: !$;+ Date: ~cte&+ &I ,L&::‘, ,&j i’, $Ijiij gig; !‘(, Ed/ :j:a ::I): q I ,_a ” (: ,a:,‘/$ :( IS I ;,I : ” 0” ,(,, :+: ,- j : ‘-,: / (( ; :I.{, !‘ ;Z$ L( L,L ‘ Lwi,a i (Sign l-lere) ‘,a3 ‘; 8 :,: (,I /,( ::;: i “ ,‘j : : $3 2 3, (Proper not&l &kfiituvl&&ment of &cution by suBfJl+rDiR must be ‘2 ; _> (Chairman, presldent ‘or vice-president and secretary, assistant secretary, ‘idf%‘k- assistant treasurer must sign for corporations. Otherwise, the corporation must attach’ a resolution certified by the secretary or assistant secretary under corporate seal empowerfng the officer(s) signing to bind the corporation:) APPROVED AS TO FOR& ” ~’ ~,; ‘;I, “‘ ,j ‘, ‘i’3!jiq‘,r ( 8 :- ~:~:~ij!rr@c,i;, : ,‘,;i;/z;;;;I;, :‘: “( RONALD R. BALL ‘i ! or ,-, : i i 3. i 1,: 1 ;, ;,?A, 13 1 ,,: /:L City Attorney ,j_ ,( .,- 2 3 :,-,: ,(~(~ :’ ~: _i -,, By: I Masters/Forms/Hold Harmless Agt Drainage Rev. 12/08/98 - 3253 State of California County of San Diego 1 OnOctober 19,1999before me, Diane E. Thatcher (Date) (Name, Title of Officer)’ personally appeared Andrew Murphy and Anna L. Scott (Name[s] of Signer[s]) t personally known to me -OR - ------ ---------___ ~------------_-_____ (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. WITNESS my hand and official seal (This area for official notary seal) Title or Type of Document Hold Harmless Agreement Drainage Date of Document October 19, 1999 No. of Pages -2- Signer(s) other than named above