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HomeMy WebLinkAboutPIP 05-01; Greyhawk Associates; 2014-0529880; Hold Harmless Agreement/ReleaseDOC# 2005-1054381 RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 DEC 07, 2005 3:48 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH.. COUNTY RECORDERFEES: 000 PAGES: 3 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NOS.: 221-015-02 221-015-06 PROJECT NO. & NAME: PIP 05-01 PALOMAR FORUM EAST LOT 5 HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 430-9A) for development to occur on property described as Lot 5 of Carlsbad Tract No. 99-06 per Map thereof No. 14831, recorded June 29, 2004 as File No. 2004-0606953. We, Greyhawk Associates, a California corporation, 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 1 H:/Developmenl Services/Masters/Bonds & Agreements/Hold Harmless Agreement Drainage Rev. 12/08/98 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 day of £><zT0fi£A 2Q&&. PROPERTY OWNERS Greyhawk Assx0<5)btesx^alifornia corporation By: (Sign Here) Daniel J. Russo, Its: Chief Financial Officer (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 City Attorney JUsistarrt City Attorney 2 H:/Development Services/Masters/Bonds & Agreements/Hold Harmless Agreement Drainage Rev. 12/08/98 3 State of California ) County of -Qs&Btego " ) 'L5oo£_ before me, \jfiti& L vOn (Date) personally appeared '^//istft-^l (V* Tu / ' (Name rt u , title of Officer) (Namefs] of Signer[s]) known to me -OR - D (proved to me on the basis of satisfactory evidence) to be the person(s) whose name(j8i) is/afe subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/hef/their signature(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal ig'nature of Notary CommMon* 1449427 NotafyPuMc-CoMomta Orang* County My Comm. ExpMiNov4. (This area for official notary seal) Title or Type of Document Date of Document No. of Pages Signer(s) other than named above H:/Development Services/Masters/Bonds & Agreements/Hold Harmless Agreement Drainage Rev. 12/08/98