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HomeMy WebLinkAboutPE 2.90.17; Cobra-Blackmore; 90-535182; Hold Harmless Agreement/Release652 RECORDING Rh,JESTED BY AND WHEN RECORDED MAIL TO: ; CITY OF CARLSBAD ; 1200 Elm Avenue ) Carlsbad, California 92008 Space above this Parcel No. 212-120-06 HOLD HARMLESS AGREEMENT DRAINAGE PE 2.90.17 In consideration of the City's approval of a drainage plan (Plan No. 313-2) for development to occur on property described as Lot 70 CT 85-24 Unit 4, Map 11811 (APN 212~120-06), We Cobra- Blackmore, A California General Partnership 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 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. It is further agreed that the above owner(s) will maintain Agreements/AG-14.FRM REV. 5/U/90 C I - 653 I all drainage systems to insure a free rlow 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, has executed this instrument this d /z , 1990. OWNER/DEVELOPER: Cobra-Blackmore, A California General Partnership By: APPROVED AS TO FORM: VINCENT F. BIONDO, JR. City Attorney By: (Proper notarial acknowledgment of execution by the OWNERS(S) must be attached). AgreemenWAG-14.FRH REV. 5/U/90 -. Partnership Acknowledgment STAT v= CALIFORNIA I 654 COUNTY Of SAN DIEGO SS. On September 12 , 19AQ before me, the undersigned, a Notary Public in and for said County and State, personally appeared ALLEN J. BLACKMORE known to me to be the gener& partner# of the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same. WITNESS my hand and official seal. Notary Public in and for said County and State. Notary Seal