HomeMy WebLinkAboutPE 2.85.44; Nishimoto, Akira & Kyo; 85-358967; Hold Harmless Agreement/Release., ~;
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RECORDING REQUESTED BY AND . 1374 ----x38967
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OFFKML REcUf?r‘lS j c!!- 31-s ClrSo CC"H, y, i;;: ;
CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, California 92008 ; 1985 SEP 27 /‘!I I: 07
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Documentary transfer tax: $ No fee AR 4”
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Signature 6f declarant determining tax- firm name City of Carlsbad
Parcel No. APN 204-160-12
HOLD HARMLESS AGREEMENT DRAINAGE
In consideration of the City's approval of a drainage plan
(Plan No. ) and/or improvement plans
(Plan No. 260-4 PC 2. d3.4JY ) for development to occur on
property described as 40 unit apartment
Akira and Kyo Nishimoto, Burt Y. Nishimoto, (APN 204-160-12), I (we) Anaelo Garofolo Jr, John J. Berutti, Charles F. Rowe
the owner(s) of said property promise to indemnify and to hold the
City of Carlsbad and any of its agencies or employees harmless from
liability for injuries to persons, or damage to or taking off 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
a,-. 1 - , -2- * . . , ‘-: c. 1373
taking. 'City shall not oe 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 occuring 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 &-?,o/ day of -$crzu~g v , 19-m.
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OWNER(S): ROOSEVELT 42, A JOINT VENTURE \
John J. Berutti
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,;iyotarial acknowledgment of execution by the OWNER(S) must be
attached).
_ 1377
STATE OF CALIFORNIA ) 1 9s
COUNTY OF SAN DIEGO 1
On this 23rd day of August, 1985, before me, the undersigned, a Notary Public in and for said county and State, personally appeared JOHN J. BERUTTI, JAMES R. ALBERTS and ANGELO GAROFOLO,
JR., proved to me on the basis of satisfactory evidence to be the joint venturers of ROOSEVELT 42, a joint venture, the joint venture that executed the within instrument and acknowledged to me that they executed the same both individually and as joint venturers of said joint venture also executed the same. WITNESS my hand and official seal.
Y public in and for said county and
State- My Commission expires: April 10, 1988
d 1376
On this 23rd day of August, 1985, before me, the undersigned, a Notary Public in and for said County and State, personally appeared AKIRA NISHIMOTO, KY0 NISHIMOTO, BURT Y. NISHIMOTO and CHARLES F. ROWE, proved to me on the basis of satisfactory evidence to be the joint venturers of venture, ROOSEVELT 42, a joint the joint venture that executed the within instrument and acknowledged to me that they executed the same both individually and as joint venturers of said joint venture also executed the
same. WITNESG anx;l seal.
Notary Public in and for s id My Commission expires: Ju?y lsfaf689