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HomeMy WebLinkAboutCT 90-38; Aviara Land Associates LP; 1994-0056016; Hold Harmless Agreement/Release9 I ; + ‘-4 RECORDING REQUESTED BY AND ) fc- WHEN RECORDED MAIL TO: ClTYcCEeRK i LC 2089 'a. CITY OF CARLSBAD 1200 Carlsbad Village Drive ; Carlsbad, California 92008 Space above this line for Recorder's use Parcel No. 215-040-23 a-740-38 HOLD HARMLESS AGREEMENT DRAINAGE (CT 90-38 UNITS 1, 2, and 3) In considerat.fisn,,b~'.~e ‘City”@ approval of a drainage plan (Plan No. 325-6A) and/or improvement plans (Plans No. 325-6, 6A and 6B) for &Velopment to occur on property described as Aviara Planning Area 26N, CT 90-38 Units 1, 2, and 3 more particularly described as %ee attached Exhibit A" (APN 215-040~23), We Aviara Land ASSOCiEttXS Limited Partnership, A Delaware' Limited Partnershiptho owners of said property promiss to ind )' to hold the City of Carlsbad and any of its agencies as'&nployees harmless fram IiabfIity for injuries to persons, or damage to or taking of property, directly or indirectly caused by the diversion of t?atersk, 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 draindge 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 Agreements/AC-14.FRH 1 REV. S/21/90 . 2090 ,- occurring ,du,lng the construction war,., or improvements as specified in this agreement. It is further agreed that the above owners 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 iles&ilij~d &rein. IN WITNESS WEBREOF,‘ the undersigned has executed this instrument this &Ta1 ,, day of&, 1993 . Aviara Land Associates Limited Partnership, A Delaware Limited Partnership, Associates formerly Pacffic Rim Land Limited Partnership, A Delaware Limited Partnership, Owner Vice Pros Ted L. Hoover, Asst. Secretary Reve~opment Company, A ia Corporation, Ted L. Hoover, Asst. Secretary APPROVED AS TO FORE: RONALD R. BALL Acting City Attorney By: tieputy City Attorney (Proper notarial acknowledgment of execution by the OWNER(S) must be attached). Agreements/AC-14.FRH 2 REV. 5/21/90 STATE OF CALIFORNI i? + fe. COUNTY OF B 1 S.S. 5 E Oll , 8 before me, g Q B F s ii personally known to me c F 5 evidence) to be the person(s) whose name(s) is/are subscribed to the * 0 within instrument and acknowledged to me that h&&e/they executed the same irrhBfRer/their authorized capacity(ies), and that by bie&er/their c signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal . _m B 03 Signature 2031 FOR NOTARY SEAL OR STAMP OFFICIALSUL . F 2492 (5.91) - 2092 EXHIBIT “A” BEING ALL OF LOT 4 OF CITY OF CARLSBAD TRACT 89-37 AVIARA PHASE II ACCORDING TO THE MAP THEREOF NO. 12967 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY SEPTEMBER 16, 1992 AS FILE NO. 92-588283. THIS LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION. 1zb3jk73 UCE ArROBEi?&ON R.C.E. 48529 -. -REGISTRATCON EXPIRES: 06-30-96 DOC # 1994~0056016 25-JAI+1994 02336 PII OFFICIAL RECORDS ShN DIE60 COUNTY RECORDER’S DFFSCE MNETTE EUffSi COUNW&ECORDER RF: a 14.00 . I.. EIF: 7.M) nFa 1.00