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HomeMy WebLinkAboutPD 02-02; Gustafson, Neal; 2002-1096935; Hold Harmless Agreement/ReleaseRECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 DOC # 2002-1096935 SPACE ABOVE THIS LINE FOR RECORDERS USE ASSESSOR’S PARCEL NO.: 21 5-493-04-00 PROJECT NO. & NAME: PD 02-02 Gustafson Residence HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City’s approval of a drainage plan (Plan No. 401-1A) for development to occur on property described as attached Exhibit “A, I, Neal Gustafson, the owner 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 agreement. 1 H:IDevdopment ServicesNasterslBcnds & AgreeemnWHold Harmless AQreeMt hiMQe Rev. 12/08/98 . 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 4% day of O& t5-h ,20 0% PROPERTY OWNERS Neal Gustafson By: (Sign Here) Neal Gustafson, Owner (Print Name and Title) By: (Sign Here) (Print Name and Title) Date: (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: : ity Attorney 2 H9Developmenl ServiceslMasterrlBonds EL AgreeemnWold Harmless Agreement hainage Rev. 12fU8198 ALL-PURPOSE ACKNOWLEDGMENT State'of California County of Orange On 10-04-2002 before me, David GOetsch 1 Date Name, Title of Officer - e.g. "Jane Doe, Notary Public" personally appeared Neal Gustafson J Name(s) of Signer(s) lrsonally known to me - OR - c] proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)@are subscribed to the within instrument and acknowledged to me tha-shelthey executed the same in@ her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity on behalf of which the person(s) acted, executed the instrument. Signature of Notary OPTIONAL Though the information requested below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. n Cl n U 0 5 CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual(s) Corporate Officer(s) Tltle(s) Partner(s) 0 Limited 0 General Attorney-in-Fact Trustee(s) Guardian/Conservator Other: Title or Type of Document Number of Pages Date of Document SIGNER IS REPRESENTING: Name of persons or entity(ies) Signer(s) Other than Named Above MSCALPA.OZCA060194