HomeMy WebLinkAboutPD 05-02; Almaden Building Trust; 2005-0721915; Hold Harmless Agreement/ReleaseDOC # 2005-0721 91 5
RECORDING REQUESTED BY
WHEN RECORDED MAILTO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
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SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.: 215-220-33
PROJECT NO. & NAME: PD 05-02
Spadaro Residence
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City's approval of a drainage plan (DWG 428-2A) for
development to occur on property described as Lot 204, La Costa Valley No. 4, according to
Map thereof No. 5781 filed in the Office of the County Recorder of San Diego County,
September 14, 1966, We, Almaden Building Trust, 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
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ti /Development ServiceslMasterslBonds & AgreeemnWHold Harmless Agreement Dramage Rev. 12/08/96
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
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free flow to a satisfactory point of discharge unless said systems are accepted as public
f aci I i t ies.
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 6
PROPERTY OWNERS
Almadenm t I
1
4
(Sign Here)
(Print Name and Title)
Darin ba--/ pa aro, Trustee utd 5/14/2004
Date:
By:
(Sign Here)
(Print Name and Title) I
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
2 I HYDevelopment ServicesIMaslersfBonds 8 AgreeemnIslHold Harmless Agreement Drainage Rev. 12/08/98
State of California ) 1
County of San Diego 1
On I H; &fore me, w mk ~5 , dv+it>/ tkLb c , (Date) {Name, Title of Officer)
personally appeared own %&o
(Name[s] of Signer[s])
F personally known to me -OR -hQ
(proved to me on the basis of satisfactory evidence) to be the personk whose nameCg)
@are subscribed to the within instrument and acknowledged to me that@she/they
executed the same in @/he ritheir authorized capacity(&), and that by aherltheir
signatureNon the instrument the person@), or entity upon behalf of which the personM
acted, executed the instrument.
(This area for
official notary seal) Signature of Notary
H:IDevelopment Sen/ices/Masters/Bonds & AgreeemntslHold Harmless Agreement Drainage
Title or Type of Document &Lt r-lcCn?%h (( &ram+
Date of Document b~ z, %c No. of Pages
Signer(s) other than named above ,/
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Rev. 12/08/98