HomeMy WebLinkAboutSDP 97-08B; HG Felton Company; 2005-1001318; Hold Harmless Agreement/ReleaseDOC # 2005-1 001 31 8 I11ll1111 Ill IIIII 11111 Ill11 111ll lllll1111111111 IIIII 11111 lllll Ill1 1111
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
NOV 18,2005 9:15 AM
OFFICIAL REC:ORDS
SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J SMITH,. COUNTY RECORDER
FEES: U.00
PAGES: 3
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.: 209-050-32
PROJECT NO. & NAME: SDP 97-08B
Carlsbad Corporate Center Parcel C
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City's approval of a drainage plan (DWG 423-6A) for
development to occur on property described as Parcel C, according to Map thereof No. 18416,
We, H.G. Fenton Company, 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
occurring during the construction work or improvements as specified in this agreement.
1
H:lDevelopment ServicesNasIerslBonds & AgreeemntdHold 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.
d IN WITNESS WHEREOF, the undersigned has executed this instrument this 5
day of JHLr ,20 0s.
PROPERTY OWNERS
H.G. Fenton Company
By:
Date: July 5, 2005
By: &&
/ /iSign Here)
Michael P. Neal, President/CEO
(Print Name and Title)
Date: July 5, 2005
(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
By: P mitv Attorn&
2
H:/Development Sewices/MasterslBonds & AgreeemntslHold Harmless Agreement Dramage Rev. 12/08/98
3
State of California )
) County of San Diego 1
before me, dfw chaue-; &ha p!#L I
(Nahe, Title of Officer)
personally appeared UII#I Ma JSM6 d f)'?;&d f? fl-1
(Name[s] of Signer[s])
I &personally known to me _r\p
VI I tto be the person(s) whose name(s)
&re subscribed to the within instrument and acknowledged to me that bekbdthey
executed the same in Wtheir authorized capacity(ies), and that by hs#&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
Signature of Notary U
(This area for
official notary seal)
Title or Type of Document
Date of Document
Signer(s) other than named above
3
HYDevelopment SeNlces/Masiers/Bonds 8 AgreeemntsIHold Harmless Agreement Drainage Rev. 12/08/98