Loading...
HomeMy WebLinkAboutMS 822; Saraiya, Rohit & Vanlila; 2003-1322231; Hold Harmless Agreement/ReleaseDOC # 2003-1322231 RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 L OCT 30s 2003 4~15 PM OFFICIAL RECORDS SEYS DE@ CllJNTY RECORDER'S OfFICE GaGoRy J. %ITHI ClJUKlY KaIRDER FEES: 0.00 ,* \' ;?. . -* 1 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 216-160-28,29, 30 & 31 __ - - PROJECT NO. & NAME: La Coruna MS 822 HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (Plan No. 320-6A) and improvement plans (Plan No. 320-6A) for development to occur on property described as Parcels 1, 2, 3 and 4 of PM 16971, We, Rohit R. Saraiya and/or Vanlila R. Saraiya, Trustees, or Successor Trustee(s) of The Saraiya Trust, dated October 20, 1999, the owners of said property promise to indemnify and to hold the City of Carlsbad, its officers, agents and 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 1 H:/Development ServicedMasterdEonds 8 AgreeemnidHold Harmless Agreement Drainage Rev. 1 UO8198 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 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 L+-- dayof &+ ,20 03. PROPERTY OWNERS The Saraiva Trust dated October 20. 1999 By: R.S&, (Sign Here) a Rohit R. Saraiya, Trustee (Print Name and Title) Date: 9 - 6 “3 By: (Sign Here) Vanlila R Saraiya, Trustee (Print Name and Title) (Proper notarial acknowledgment of execution by SUBDIVIDER must be attached) (Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney By: V 2 H:/Development ServimslMasters/Bonds 8 AgreeemntsRlold Harmless Agreement Drainage Rev. 12/O@B8 State of California 1 ) County of San Diego 1 U (Name[s] of Signer[s]) U &o me on the basis of satisfactory evidence) to be the person(s) whose name(s) idare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by hislherltheir signature(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal Signature of Notary (This area for official notary seal) Title or Type of Document tNO( dfizr-l%S e .- No. of Pages b- 3 Date of Document U Signer(s) other than named above 3 H:/Developmnl Servcies/Masters/Bonds 8 AgreemnWHold Harmless Agl Geological Failure Rev. 12/08/98