HomeMy WebLinkAboutPE 2.91.33; Lyon/Copley Carlsbad Associates LP; 1991-0632758; Hold Harmless Agreement/Release1
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RECORDING REQ&STED BY AND WREN RECORDED MAIL TO:
CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad. California 92008 Space ab
555 i-t # 19914632758 &-DEE-1991 11~05 FlM
OFFICIAL RECORDS SAN DIE&O COUNTY RECORDER’s OFFICE ~,, ,fiNNETTE E’JBNS, EFW&TY.RtiDRDER 0.00
Parcel No. 168-040-14, 18, 23 & 25
HOLD HARMLESS AGREEMENT DRAINAGE PE 2.91.33 , ';, In consideration ,of,:Ghe:City$ oval of a drainage plan
No. 303-2C for developmen'tto occur onpro~perty described as See
Exhibit lWAtl attaohed (APR -168-848-14; 18; 23, & 25), We
Lyon/Copley Carlsbad Associates L.P., a California Limited
Partnership 'the tiers of said property promise to indemnify and
to hold the City,of Carlsbad and any of its agencies or employees
harmless' from liability for injuries to persons; or damage to or
taking of property, directly or indirectly caused by the
diversionof maters,,,the alteration of the normalflo& ofsurface
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 p&ins 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.
Agre.mmts/AG-14.FRM 1 REV. 5/21/w)
. . . ’
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.- 556 -
It is fu,cher agreed that the above dwner(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;' ~3$eund&signed has executed this
instrument this / day of &?izZ~ti " , 199/.
Lyon/C.opleyCarlsbad~' &o&&es, a Califu,rhia':~irmited'Pa~hership L. P.,
BY: Lyon Communities; 'Inc.: a California corporat4un~
APPROVED AS TO FOREi:
VINCENT F. BIONDO, JR.' City Attorney Rob!in L. Adarhson, Asst. Secretary Lyon Communities, Inc.
(Proper notarial be attached). nt of execution by the OWNERS must
ARrenentslAG-14.FRM 2 REV. 5/21/W
STATE OF CALIFORNI. SS. 5: COUNTY OF SAN DIEGL,
ZBEdJ-!&k TARQUINIO AND ROBIN
, BEFORE ME, THE UNDERSIGNED, A NOTARY SAID STATE, PERSONALLY APPEARED GARRY M. L. ADAMSON, PERSONALLY KNOWN TO ME TO BE THE VICE PRESIDENT AND ASSISTANT SECRETARY, RESPECTIVELY, OF LYON COMMUNITIES, INC., THE CORPORATION THAT EXECUTED THE WITHIN INSTRUMENT ON BEHALF OF THE CORPORATION, SAID CORPORATION BEING PERSONALLY KNOWN TO ME TO BE THE MANAGING GENERAL PARTNER OF LYON/COPLEY CARLSBAD ASSOCIATES, L.P., SAID PARTNERSHIP BEING THE CALIFORNIA LIMITED PARTNERSHIP THAT EXECUTED THE WITHIN INSTRUMENT, AND ACKNOWLEDGED TO BE THAT SAID CORPORATION EXECUTED THE WITHIN INSTRUMENT AS SUCH PARTNER AND THAT SAID PARTNERSHIP EXECUTED THE SAME.
WITNESS MY HAND AND OFFICIAL SEAL:
.-
EXHIBIT WA"
LEGAL DESCRIPTION
558
THAT CERTAIN PARCEL, IN THE CITY OF CARLSBAD, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, SHOWN ON PARCEL MAP No. 16233 AS
HAVING A GROSS AREA OF 11.67 ACRES, SAID PARCEL MAP HAVING BEEN
FILED WITH THE COUNTY RECORDER OF SAID COUNTY ON SEPTEMBER 21,
1990.
W. HILL. J?!. L.S. H&A San Diegb 346-58 MA:ma wp:lega1463 rev:9/25/91
EXHIBIT "A" - PAGE 1 OF 1