HomeMy WebLinkAboutMS 02-12; Eggebrecht Las Vista LLC; 2003-1322227; Hold Harmless Agreement/Releasea- DOC # 2003-1322227
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RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
PROJECT NO. & NAME: MS 02-12,
EFP Villas of Carlsbad
OCT 30s 2003 4~15 PPI
OFFICI& RECORDS
GawRy J. SHITH, couHp( RECORER FEES: 0.00
DIEGO COUNTY AECORDER'S OFFICE
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SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.: 204-234-07,08
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City's approval of a drainage plan (Plan No. DWG 412-9A) for
development to occur on property described as lots 7 and 8 in block "C" of Palisades, in the
City of Carlsbad, County of San Diego, State of California, according to map thereof no. 1747,
filed in the office of the County Recorder of said county, February 5, 1923. (I)We, Eggebrecht
Las Vista, LLC, a California limited liability company, 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
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H:/Development ServicesNasterslBonds & AgreeemntsIHold Hsrdess Agreement Drainage Rev. 12/08198
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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(@ 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 i 4
PROPERTY OWNERS
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
By:
2 I H:/Development Services/Masters/Bonds & AgreeemtsIHold Harmless Agreement Drainage Rev. 12/08/98
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*a -
State of California } SS. 1 Countyof LQ a/, ~ 3 Id
Name and Title of Officer (e g 'Jane Doe Notary Public') ' k%f before me,
*%breCkC Date
personally appeared Name@) of Signer($
flpersonally known to me
proved to me on the basis of satisfactory
evidence
to be the persow whose name.@@-
subscribed to the wit instrument and
executed
thorized
acknowledged to me
ed+beF
the same in i
capacityw, and that by
signatureo'on the instrument the person(S);-or
the entity upon behalf of which the persow
acted, executed the instrument.
WITNESS my hand and official seal.
Place Notary Seal Above
Jlcj
Signature of Notary Public
OPTlONAL
Though the information below IS not required by law, A may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document
Description of Attached Document
Title or Type of Document:
Document Date. Number of Pages.
Signer(s) Other Than Named Above.
Capacity(ies) Claimed by Signer
Signer's Name: ~
I 0 Individual
U Corporate Officer - Title(s).
0 Partner - 0 Limited General 1 0 Attorney in Fact I 0 Trustee
0 Guardian or Conservator
Signer Is Representing:
Q 1999 National Notary AssoCiatlon 9 9350 De Sot0 Am., PO. Box 2402 - Chatsworth. CA 913152402 - w.nalmalnotary.org Prod. No 5907 Reorder: Call Toll-Free 1-800-876-6827