HomeMy WebLinkAboutSDP 00-17; Carlsbad Apts LP; 2003-1095333; Hold Harmless Agreement/ReleaseRECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
DOC # 2003-1095333
4 SEP 089 2003 4=28 PM
DFFICIIY, RECURDS SW DIEGO CClMIY RECORDER'S OFFICE GREGORY J. SHIM, COWf RECORDER FEES: 0.00
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.: 167-030-519 55371
PROJECT NO. & NAME:
SUMMIT AT CARLSBAD
SDP 00-17
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City's approval of a drainage plan (Dwg. No. 403-9A) and
improvement plans (Dwg. No. 403-9) for development to occur on property described as
portions of Lots 3 and 4 in Section 32, Township 11 South, Range 4 West, San Bernardino
Meridian, and Parcel 2 of Parcel Map No. 4838, in the City of Carlsbad, County of San Diego,
State of California, We, Carlsbad Apts. LP, a Nevada 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.
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 insure;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.
1
H:iDevelopmeni SeNices/Masters/Bonds & AgreeenntsMold Harmless Agreement Drainage Rev. 12/08/98
It is further agreed that the above owner(s) will maintain all drainage systems to insure a
(Print Name and Title)
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
dayof % WCA I 2063.
PROPERTY OWNERS Carlsbad Apts. LP, a Nevada Limited Partnership
By: Carlsbad Apts. LLC, a Nevada Limited Liability Company, its General Partner
By:
J (Sign Here)
(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
2
H:iDevelopment Services/Masters/Bonds & Agreeernnls/Hold Harmless Agreemeni Drainage Rev. 12/08/98
.
State of &p&
County of &
On 3IZ0jb3 before me, 3 h khn
(Date)
(Nahe[s] of Signerts])
personally appeared s+euLc.AJ
,%personally known to me -OR - n
(proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s)
idare subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in hislherltheir authorized capacity(ies), and that by his/her/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
A -- Signature of Notary
(This area for
official notary seal)
Title or Type of Document
Date of Document
Signer(s) other than named above
No. of Pages