HomeMy WebLinkAboutPIP 04-06; Levine Investments LP; 2005-0335527; Hold Harmless Agreement/ReleaseDOC # 2005-0335527
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
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APR 21,2005 455 PM
UFFICI4L RECORDS
5,At.l [;I E GO CU U N T'I' HE C 0 R D E H'S U FFI CE GREGUR'I'J SMITH COUNTY RECUROER FEES 0 00
PAGES 3
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.: 21 3-1 00-05-00
PROJECT NO. & NAME:
NORTH POINT TECH CENTER. LOT 5
PIP 04-06
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City's approval of a drainage plan (DWG 423-9A) for
development to occur on property described as Lot 5 of Carlsbad Tract No. 98-07, Lincoln
Northpointe, in the City of Carlsbad, County of San Diego, State of California, according to Map
thereof No. 13716, filed in the office of the County Recorder of San Diego County, December
31, 1998. Reserving therefrom an easement for road and utility purposes over, under, along
and across that portion designated and delineated on said map as "proposed private road and
utility easement for Lot 2". We, Levine Investments Limited Partnership, an Arizona Limited
Partnership, 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.
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H iDevelopinent Sorv~ces~Masters/Bonds & AgreeemntdHold Harmless Agreement Dramage Rev 12/08;98
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 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 3 day of &, 20%. /
PROPERTY OWNERS
Levine Investments Limited Phnership, an
William S. Levine, General Partner,
Levine Investment LP
(Print Name and Title)
Date:
By:
(Sign Here)
(Print Name and Title)
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
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H:/Development Servic&dsters/Eonds & AgreeemtsfHold Harmless AQreement Drainage Rev. 12/06/98
For a Partnership:
State of Arizona
County of Maricowa
The foregoing instrument was acknowledged before me this January 3, 2005 by
William S. Levine , partner, on behalfof Levine Investment Limited Partnership a
partnership.
L
(Notary Public)