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HomeMy WebLinkAboutCT 99-06; LSOF Carlsbad Land LP; 2004-0494021; Hold Harmless Agreement/ReleaseRECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 DOC # 2004-0494021 MAY 27s 2004 4~59 PPI OFFICIAL REW W DIEGO COUNTY RECNDER'S OFFICE GREGORY J. s)IIITHt COUNTY REW FEES: 0.00 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL N 0. : PROJECT NO. & NAME: 221 -1 1 -05-00, 221 -1 1-04-00 CT 99-06 Palomar Forum HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 399-4A) and improvement plans (DWG 399-4) for development to occur on property described as Lot 2, Sec.13, T 12 S, R 4 W; SW quarter of northwest quarter of Sec. 18, T 12 S, R 3 W, SBBM, (I)We, LSOF Carlsbad Land Limited Partnership, a Texas 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 1 H:/Development Services/Masters/Bonds & AgreeemntslHold Harrdess Agreement Drainage Rev. 12/08/98 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 & PROPERTY OWNERS LSOF Carlsbad Land L.P.. a Texas Limited PartnershiD Mary Etta Ford Vice Prm (Print Name and Title) Date: /Q 4 I (Print Name and Title) Date: d~o(o$ I (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 &&tan4 City Attorney By: 2 H:IDeveloprnent ServiceslMastersiBonds & Agreeernnts/Hold Harmless Agreement Drainage Rev. 12/08/98 State of e ) --DlU.G County of San-Rego On +II~ IzOolc before me, (Date) S .%rim (Name[s] of Signer[s]) I dersonally known to me -OR - 0 (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 helshelthey 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 official notary seal) 11 Title or Type of Document Date of Document Signer(s) other than named above No. of Pages 1