HomeMy WebLinkAboutMS 623; Daniels, R.W.; 84-082025; Hold Harmless Agreement/ReleaseOF’SAH f!la;:I ::i:‘:i: ; :, 2,:.
RECORDING REQUESTED BY:
WHEN RECORDED MAIL TO:
City of Carlsbad
1200 Elm Avenue
Carlsbad , California 92008
1584 CMI -6 Pbl I: 53
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NO FEE 1 space above for recor
Signature of Firm Name
City of Carlsbad
Parcel No.
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City's approval of a final parcel map
MS 623 for development to occur on property described as Parcel "B"
of Parcel Map No. 1703 (APN 209-040-17), R.W. Daniels, 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
construction of the improvements pursuant to the approved plans, nor
shall any officer or employee thereof be liable or responsible for
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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
partofthe property describedherein. 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, the undersigned has executed this
instrument this 27th day of February ,1984 .
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STATE OF CALIFORNIA
COUNTY OF San Dieso >
ss.
On this 27th day of February , in the year 1984,
before me the undersigned, a Notary Public in and for said State, personally appeared 'Iony Acone , personally known to me
(or proved to me on the basis of satisfactory evidence) to be the person whose name is
subscribed to the within instrument as the Attornevin-Fact of R.W. Daniels
and acknowledged to me that -he subscribed the name of R.W. Daniels '
thereto as principal, and k own name as Attorney-in-Fact.
WITNESS my hand and official seal.
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ACKNOWLEDGMENT-Attorney-in-facl-Blank Co.-Wolcofls Form 218CA-Rev. 5-82 Notary Public in and for said State.
01982 WOLCOTTS. INC.