HomeMy WebLinkAboutPE 2.89.41; El Fuerte/Oaks Partners; 89-71xx37; Hold Harmless Agreement/ReleaseRECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
CITY OF CARLSBAD
2307 89 71i:,37
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Carlsbad. California 92008 x-
Space abovqthis line for Recorder's use
Documentary transfer tax: 4 No Fee
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City of Carlsbad
Parcel No. 209-083-13 & 14
HOLD HARMLESS AGREEMENT DRAINAGE
In consideration of the City's approval of a drainage plan (Plan No. 304-
6) for development to occur on property described as Lots 378 and 37C Parcel Map
(APN 209-083-13 & N) We,El Fuerte/Oaks Partners, the owner 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 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
2308
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
BE day of %5&e&, 1967' -*
El Fuerte/Oaks Partners
APPROVED AS TO FORM:
VINCENT F. BIONDO, JR. /r,&,e. City Attorney
(Notarial acknowledgment of execution by the OWNERS(S) must be attached).
.
2303
STATE OF CALIFORNIA ) ss COUNTY OF ORANGE 1
On w 2$0 ifbefore me the undersigned a Notary Public in and for said State, personally appeared Alan'J. Davison and Martin V. Jones, personally known to me to be all of the partners of EL FUERTE PARTNERS, a partnership being known to me to be the general partner of DAVISON & JONES EL FUERTE/OAKS PARTNERS a limited partnership that executed the within instrument being known to me to be the general partner of EL FUERTE/OAKS PARTNERS, the limited partnership that executed the within instrument, and acknowledged to me that they executed the same as partners and that such partnership executed the same as general partner of the limited partnership and that such general partnership executed the same.
WITNESS my h nd official seal.
Signature PATRICIA SEITZ NOTARY PUBUC _ CALIFORNIA