HomeMy WebLinkAboutMS 05-12; Zathas, John James; 2008-0115204; Hold Harmless Agreement/ReleaseRECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
DQC# 2008-0115204
MAR 05, 2008 11:48 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY J. SMITH. COUNTY RECORDER
FEES: 0.00
PAGES:
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.: 204-251-04 and
204-251-05
PROJECT NO. & NAME: MS 05-12
Pacific Sunset Condominiums
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City's approval of a drainage plan (DWG 448-5A) for
development to occur on property described as a 4 Unit Condominium Project, according to
Parcel Map No. 20431, recorded 2/1/2008, I/We, John James Zathas, 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
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.
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H:\Development Services\PROJECTS\MS FILESWIS 05W1S 05-12 Pacific Sunset Condos - Wickham\Bonds and Agreement\HOLD HARMLESS AGREEMENT DRAINAGE MS
05-12.doc
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 QCjOj)^ 20 fr'7.
PROPERTY OWNERS
By:
(Sign He
John James Zathas, A Single Man
(Print Name and Title)
Date: [Q/^S/OJ
By: /
(SignrHere)
(Ppnt 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
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H:\Development Services\PROJECTS\MS FILES\MS 05\MS 05-12 Pacific Sunset Condos - Wickham\Bonds and AgreemenftHOLD HARMLESS AGREEMENT DRAINAGE MS
05-12.doc
State of California
County of San Diego
On me,
(Date)
personally appeared ^
(Name, Title of Officer)
(Name[s] of Signer[s])
_, E>poroonally known to me -OR -
(proved to me on the basis of satisfactory evidence) to be the person($ whose
is/aT§" subscribed to the within instrument and acknowledged to me that he/siie/11 ley
executed the same in his/her/their authorized capacity(4es>, and that by his/bcr/thetr
signature^ on the instrument the person^, or entity upon behalf of which the person^
acted, executed the instrument.
WITNESS my hand and official seal
Q0L
"Signature of
STACY CHAVEZ
Commteton* 1690861
Notary Pubic - CoMomta
Son Dtogo County
MyComm.faplmAua29.
(This area for
official notary seal)
Title or Type of Document V\oUl V\^ f vv\ U
T^r^Orv
Date of Document kif-A^
-^ iV*?\ C° Q b^i-frk
^^ " oTJo. of Pages o
Signer(s) other than named above f\£*Af
HADevelopment Services\PROJECTS\MS FILESXMS 05\MS 05-12 Pacific Sunset Condos - WickharrABonds and Agreement\HOLD HARMLESS AGREEMENT DRAINAGE MS
05-12.doc