HomeMy WebLinkAboutMS 740; Scott, James H.; 89-238602; Hold Harmless Agreement/Release-
. . RECORDING REQUESTED BY AND )
WHEN RECORDED MAIL TO: 2370
CITY OF CARLSBAD 1200 Elm Avenue 89BAY-5 AFW: f5
Carlsbad, California 92008 lpace above thi s 1 i ne for
Documentary tra
City of Carlsbad
Parcel No. APti Z/S-/rFrToti~
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City's approval of a drainage plan (Plan No. 295-
6) and/ or improvement plans (Plans No. 299-2) for development to occur on
property described as PAR 2, PM 13158 at Altiva Place (APN 215-480-20), We Altiva
Place LTD, #2, James H. Scott, Gen. Partner, the owner of said property promise
' 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 lof 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, construction1 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.
.
9 It is further agreed that the above owner(s) will maintain all drainage
systemsko 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 WHERFOF,.,the undersigned has executed this instrument this
ti “W day
OVED AS TO FORM: Apel:
VINCENT F. BIONDO, JR.
City Attorney
q.a-6 .
STATE OF CALIFORNIA Iss.
P COUNTY OF I
i% On c E a Notary Public in and for
s 7 said State, personally appeared
Y
personally known to me (or proved to me on the basis of satis-
factory evidence) to be the person that executed the within
instrument as OFFICIAL SEAL
VlCKi HAFALTON
, the partnership
therein named and acknowledged to me that the partnership
executed it.
NOTARY PUBLIC CALIFORNIA
P6(lNCIPAL OFFICE IN
SAN DIEGO COUNTY
WITNESS my hand and official seal.
Signature (This area for official notarial seal)