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HomeMy WebLinkAboutCUP 92-04; Huffman, Martin & Whooley, Finbarr; 1995-0566174; Hold Harmless Agreement/Release, - RECORDING REQUESTED BY AND WHEN RECORDED TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 1755 c-2 # 1~~5-~5~~1~4 13--DEC-1995 88=52 Aft OFiiCIAt RECORDS SFIEl DIEGO COUHTY RECORDER’S BFiCE GREGliRY S\jTl& ~~~~~~~~~~~R~ER RF: aa 1 2. 13.00 11 Space above this line for Recorders Use 12 Parcel Number 167-030-67 13 14 HOLD HARMLESS AGREEMENT 15 16 17 In consideration of the City’s approval of building permits for development to occur on 18 property described as (see attached Exhibit “A”), I (We) Martin W. Huffman, Finbarr F. 19 Whooley, a general partnership the owner (s) of said property promise to indemnify and to hold 20 the City of Carlsbad and any of its agencies or employees harmless from liability for injuries to 21 22 23 24 25 26 persons, or damage to or taking of property, directly or indirectly caused by, or resulting from operation of the Carlsbad Golf Practice Facility (the “Project”) located at 2711 Haymar Drive, Carlsbad, California, including, but not limited to errant golf balls exiting the referenced site. Approval of the Project by the City shall not constitute an assumption by the City of any responsibility for such damage. City shall not be an insurer or surety for the design or construction of the Project, nor shall any officer or employee thereof be liable or responsible for 27 any accident, loss or damage happening or occurring during the construction or use of the 28 Project. 29 / i 1756 It is further agreed that this agreement shall be binding on all heirs, successors or assigns 2 3 4 having an interest in all or any part of the property described herein. ESS WHEREOF, the undersigned executes this instrument this 27&y of ,19 s6- . 5 6 7 Martin W. Huffman, Finbarr F. Whooley a General Partnership 8 9 10 11 12 13 APPROVED AS TO FORM: 14 RONALD R. BALL; City Attorney 15 16 17 18 By: . - N- 30* 9r* 19 (Proper notarial acknowledgment of execution by the OWNER (S) must be attached). 20 21 22 23 24 25 26 27 28 29 jgY/LiL 1’.&& By: / . .._. __L _._,, -..._ ._._ . - ..--. --..-- __. - __LW -I------ .-)__J -5.. 1757 STATE OF CALIFORNIA COUNTY OF San Diego 1 }ss. 1 Otl November 27, 1995 ,before me, . . Jeanette &&j+ NntRrv p,,+,l,,- 1 personally appeared * * * * *Finbarr F. Whooley and Martin W. Huffman* * * * * * * * personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s)/i@are subscribed to the within instrument and acknowledged to me thatm/she/they executed the same in&i$/b$r/their authorized capacity(ies), and that by bjq@e,r/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my han (This area for ofhclal notarial seal) Title of Document Hold Harmless Agreement Date of Document 11/27/95 No. of Pages 7 Other signatures not acknowledged N/A 3008 (l/94) (General) Firct *mclrw2n Title lncnwsnr* fhmnnm,