HomeMy WebLinkAboutMS 846; Scott, James H. & Patricia L.; 2000-0641754; Hold Harmless Agreement/Release20OQ-0641754 2000 4:23 PM
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
SPACE ABOVE THIS LINE FOR RECORDER’S USE
ASSESSOR’S PARCEL NO.: 215-246-51 215-240-52
PROJECT NO. 8, NAME: MS 846
ALTIVA PLACE LOTS 1 & 2. PM 16789
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City’s approval of a drainage plan (Plan No. 381-7A) for
development to occur on property described as Lots 1 & 2 PM 16789, MS 846, We, James H.
Scott & Patricia L. Scott, Co-Trustees under the James H. Scott Family Trusts dated February
3, 1995 and January 19, 1995, 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
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 agreemeht.
1
Masters/Forms/Hold Harmless Agt Drainage Rev. 12/08/98
909.9
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
day of o&o 4-w
PROPERTY OWNERS
James H. Scott & Patricia L. Scott, Co-Trustees under the
James H. Scott, Co-Trustee
(Print Name and Title)
Date: /o-z -0 (>
By: 00
(Sign Here)
Patricia L. Scott, Co-Trustee
(Print Name and Title)
Date: /b -J- &?I
(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:
2
1 Masters/Forms/Hold Harmless Agt Drainage Rev. 12/09/99
9100
State of California
County of San Diego )
On 16-3a before me,
(Date)
personally appeared GLW
(Name[s] of Signer[s])
X personally known to me -OR -
(proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s)
Mare subscribed to the within instrument and acknowledged to me that J&she/they
executed the same in h&/her/their authorized capacity(ies), and that by bisMr/their
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
W&w /.,’ -.“_. n
( ” Sign%re of Nota$ ‘i (This area for
official notary seal)
Title or Type of Document
Date of Document
Signer(s) other than named above
h