HomeMy WebLinkAboutMS 800; Carlmart LP; 90-600885; Hold Harmless Agreement/Release1029
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RECORDING ~zxi,ktiESTED BY AND 1 WHEN RECORDED MAIL TO: Iurcr --.;r.Y.~~sy) $4
CITY OF CARLSBAD 1200 Elm Avenue
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Parcel No.
HOLD HARMLESS AGREEMENT DRAINAGE
In consideration of the City's approval of a improvement
plan (Plans No. 310-2) for development to occur on property
described as MS 800 (APN 2100090-047), We Carlmart L.P., the
owner(s) 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 construction work or improvements as
specified in this agreement.
It is further agreed that the above owner(s) will maintain
all drainage systems to insure a free flow to a satisfactory
Agreements/AG-14.FRH 1 REV. S/21/90
c
.
1030
point of &sdharge 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 15th day of October , 19 90 .
CARLMART, L.P.
By: Carltas Development Company, General Partner
Vice President
APPROVED AS TO FORM:
VINCENT F. BIONDO, JR. City Attorney
ci) /L--G , By: v Deputy City Attorney
STATE OF CALIF RNIA
COUNTY OF- _~_%n_!?~e~~~“~~ ~~~~ ~~~ iii
I
Iss
On-~~~_tob~~~ 1 5~~~~ ~-~~~~~ 1990 ~~_~_ ~~~, before me, the undersigned, a Notary Public in and for
said State, personally appeared- mXhri_S_tQpher .c.. .C&lkiDS ~~~~_~ - -. and
~_ -Lizbeth A, Ecke -. _-~~ -~ .-..., personally known to me~~pfibJe)6)6/C)!?~n/t~,@$
tfk&k&%d&denLd to be the persons who executed the within instrument as--- ~~~~_~~~ ~_~ ~~~~
~~Yi~~-~-President and.&&is.t-. Secretary, on behalf of--..-. Carltas Development Company -~-..- -
the corporation therein named, and acknowledged to me that said
corporation executed the within instrument pursuant to its by-
lawsora resolutionof its boardof directors.saidcorporation being
known to me to be one of the partners of- Carlmart, L.P.
the partnership that executed the within instrument, and ack-
nowledged to me that such corporation executed the same as
such partner and that such partnership executed the same.
Agreements/AC-14.FRH 2
(This area for official notarial seal)
REV. S/21/90