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HomeMy WebLinkAboutMS 752; Bristol Cove Partners II; 90-598743; Hold Harmless Agreement/Release.’ ,- . . * 1 183 5 ’ !j$8763 ' RECORDING REQUESTED BY AND ) ‘--’ :.:.;.:;.;*; :- . . L-L---j _ + r I:: WHEN RECORDED MAIL TO: 1 : " :. .:-,'I-) ;?f.% '- 3 ‘.-.;i;-;;:';,;$.-'i j .L.'ii p, Y. i ..,: 5 CITY OF CARLSBAD i g&2 *Qn*+ ,dJ_i i;c; -r 1200 Elm Avenue 3 f-g G: 25 Carlsbad, California 92008 Space above this 1 ine for Documentary transfer tax: City of Carlsbad tax-firm name . Parcel No. 206-120-17 MS 752 HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (Plan No. 301- 6A)and improvement plans (Plan No. 310-6) for development to occur on property described as Harrison Street Condos, (APN 206-120-17), We Bristol Cove Partners II 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 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 ccnct)y;:t.iu~ WG,.i( ijl’ impro'4er,lcr!ts sis speszi :'ied i 9 -thi s agreement. - 1 - 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 /r- day of a/T , APPROVED AS TO FORM: % VINCENT F. BIONDO, JR. City Attorney DEPUTY CITY ATTORNEY TT-16 Rev. 8-82 Partnership Acknowledgment STATE OF CALIFORNIA COUNTYOF San Diego > SS. On -~JI!4!&0I, , 19 89--, before me, the undersigned, a Notary Public in and for said County and State, personally appeared Gregg L. Harrington personally known to me (or proved to me on the basis of satisfactory evidence) to be the person- that ex- ecuted this instrument on behalf of the partnership, and acknowledged to me that the partnership executed it. Notary Public in and for said County and State Notary Seal