HomeMy WebLinkAboutPD 04-15; Jahan, Michael H & Valeria L; 2005-0791808; Hold Harmless Agreement/ReleaseRECORDING REQUESTED BY
WHEN RECORDED MAILTO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
SEP 14,2005 8:36 AM
OFFICIAL RECORDS
'%N DIEhD I~OIJPIT'I' RECORDER'S OFFICE I?FiEI;GR'i' ,!. SMITH. COLIN1 'i' RECORDER
FEES. U. oil P,4G E 3
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.: 205-1 60-09
PROJECT NO. & NAME: PD 04-15
JAHAN RESIDENCE
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City's approval of a drainage plan (Dwg. 422-1A) for development
to occur on property described as Lot 12 of Belledonna Heights Uni No. 2, in the City of
Carlsbad, County of San Diego, State of California, according to Map thereof No. 4025, filed in
the Office of the County Recorder of San Diego County on December 4, 1958, We, Michael H.
Jahan and Valerie L. Jahan, as Trustees under The Michael H. Jahan and Valerie L. Jahan
Living Trust dated November 21, 2001, 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
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H:IDevelopmnt SeNices/Masters/Bonds & AgreeemtdHold Harmless Agreement Drainage Rev. 12/08/98
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 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
dayof &,,L/T ,205 .
PROPERTY OWNERS
Michael H. Jahan and Valerie L. Jahan, as Trustees under The Michael H. Jahan and Valerie L. Jahan Living Trust
Michael H. Jahan, Trustee
(Print Name and Title)
By:
Valerie L. Jahan, Trustee
(Print Name and Title)
Date: //do c
(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:
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H:/Developrnent Service%asters/Bonds & Agreeernntsklold Harmless Agreement Drainage Rev. 12/06/98
State of California 1 Los 4rJG.e- )
County ofSanQege )
(proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s)
ismsubscribed to the within instrument and acknowledged to me that he/sh@
executed the same in his/he@uthorized capacity(ies), and that by hidhem
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
(This area for
official notary seal)
Title or Type of Document
Date of No. of Pages
Signer(s) other than named above
Nom l-+wa-- ct 9 PI- ~QA I r'4 kt5
Document XWJWC( os ,ams -3-
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H:mevelopment ServicedMasterslBonds & AgreeemntsIHold Harmless Agreement Drainage Rev. 12/08/98