HomeMy WebLinkAboutCT 99-10; Aviara Pointe LLC; 2002-1096932; Hold Harmless Agreement/ReleaseOFFICIhL RECORDS SClN DIEGO COUNTY RECDI;DEK’S OFFICE
FEES: 0.00 GEGUR J. SWITH? COUNTY RECOI;IDR;’
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad. CA 92008
SPACE ABOVE THIS LINE FOR RECORDER’S USE
ASSESSOR’S PARCEL NO.: 251-~40-08-00 & 251 -040-1 0-00
PROJECT NO. & NAME: Aviara Pointe
CT 99-1 0
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City’s approval of a drainage plan (DWG No. 401-5A) and
improvement plans (DWG No. 401-5) for development to occur on property described as
attached Exhibit “A”, (I)We, Aviara Pointe LLC, a California Limited Liability 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
1
H:IDevelopment ServicedMastersiBmds 8 AgreeermtslHold HarMess Agreement Drainage Rev. 12/08/98
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. ztt IN WITNESS WHEREOF, the undersigned has executed this instrument this 16
PROPERTY OWNERS
Aviara Pointe 1 & a Cqlifornia Limited Liabilitv CornDanv
By:
Raieev Bhatia. Manaaina Member
(Print Name and Title)
Date: IscQZ 0
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@)
signing to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL City Attorney
By:
2
H:IDevelopment Services/Masters/Bonds 8 AgreeenmtsRlold Harmless Agreement Drainage Rev. 12/06/98
'.
State of California 1
1 County of San Diego 1
personally appeared
(Name[s] of Signer[s])
personally known to me -OR - &/
(proved to me on the basis of satisfactory evidence) to be the person(d whose name$
is/&subscribed to the within instrument and acknowledged to me that he/-
executed the same in his/mr authorized capacityw, and that by his/-
signatured on the instrument the person ), or entity upon behalf of which the persod) f
acted, executed the instrument.
Title or Type of Document bRts
Date of No. of Pages
Document
Signer@) other than named above -OR.%
3 I H:/Development ServiceJMasterslBonds 8 AgreeemntJHold Harmless Agreement Drainage Rev. 12/08/98
.
EXH I B IT “A
LEGAL DESCRIPTION
PARCEL 1 (251-040-08-00):
THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST
QUARTER OF THE NORTHEAST QUARTER OF SECTION 27, TOWNSHIP 12 SOUTH,
RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT
SURVEY, APPROVED APRIL 21,1890.
PARCEL 2 (251 -040-1 0-00):
THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST
QUARTER OF THE NORTHEAST QUARTER OF SECTION 27, TOWNSHIP 12 SOUTH,
RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE UNITED STATES GOVERNMENT
SURVEY, APPROVED APRIL 21 , 1890.
4 H:IDevelopment Services/Masters/Bonds & AgreeemnWHold Harmless Agreement Drainage Rev. 12/08/98