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HomeMy WebLinkAboutMS 12-03; Carlsbad Ranch Company, LP; 2016-0034175; Hold Harmless Agreement/ReleaseRECORDING IS REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 DOC# 2016-0034175 I \lllllllll\11111 111111111 lllllllll\llllllllllllllll IIIII 111111111 Ill\ Jan 26, 2016 03:48 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr, SAN DIEGO COUNTY RECORDER FEES: $27.00 PAGES: 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 211-023-11 ~~--~---------------PROJECTID: MS12~3 --------------~-------PROJECT NAME: Floral Trade Center (North 40 HOLD HARMLESS AGREEMENT DRAINAGE Urban Farm) In consideration of the City's approval of a drainage plan (DWG 488-2A) for development to occur on property more particularly described as (see attached, Exhibit "A"), 1/We, Carlsbad Ranch Company, L.P., the owner(s) 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. \IFILES01V\Departments\CEDILandDev\PROJECTSIMSIMS 12\MS 12-03 Carlsbad Floral Trade Center and Marketplace-Rick\Bonds and Agreements\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 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. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill 2 \\FILES01VIDepartments\CED\LandDev\PROJECTS\MSIMS 12\MS 12-03 Carlsbad Floral Trade Center and Marketplace-Rick\Bonds and Agreements\HOLD HARMLESS AGREEMENT DRAINAGE. doc 01/25/13 LEGAL DESCRIPTION Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: Lot 3 of Carlsbad Tract Unit no. 94-09 (Carlsbad Ranch Unit 1), in the City of Carlsbad, County of San Diego, State of California, according to map thereof no. 13357, filed in the office of the County Recorder of San Diego County, September 11, 1996. APN: 211-023-11-00