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HomeMy WebLinkAboutMS 598; Burroughs Corp; 83-437928; Hold Harmless Agreement/Release. t- . +ojG<. 6 83-43‘928 ‘Lb RECORDING REQUESTED BY: WHEN RECORDED MAIL To: City Clerk City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008 1 space above for recorder's use $ No Fee termining tax Firm Name City of Carlsbad Parcel No. 2@ *~~o~*% HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a final parcel map MS 598 for development to occur on property described as m&EL t df f?w/&yO/.~~ l$g #ii (APN ZJOc630*Zd, the Burroughs Corporation, owner of said property, promises to indemnify and to hold the City of Carlsbad and any of its agencies or 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 . , .L “-a ., . , . ’ 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. 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. If owner sells all or part of the property subject to this agreement the City shall release owner from the obligations of this agreement for the portion of property sold provided that the buyer has first executed an agreement assuming the obligations of this agreement for the portion of the property purchased by the buyer. IN WITNESS WHEREOF, instrument this z&9 day of STATE OF MICHIGAN I ss. COUNTY OF WAYNE the undersigned has executed this n/tiv(, f3 ,19 . OWNER: Burroughs Corpor-on J. Marne Gleason, Vice President & v General Counsel On November 22,,1983, J. Marne Gleason, who is known to me, executed the above document in my presence and swore that the information contained therein is accurate'. (Notarial acknowledgment of execution by the OWNER must be attached.) ILSE rVOLF GOLDBERG Notary Public, Oakland County, Mich. -2- &cui\g 111 Wayne ‘30tiMb. Rich. My Commission Expires June C&198&