HomeMy WebLinkAboutCT 83-19; Lyon/Copley Carlsbad Associates LP; 1992-0348028; Hold Harmless Agreement/Release- %- ,I
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RECORDING RE UESTED BY AND 1 84-JUN-6992 OB= 3 1 1 @FICIBi REt.SffDS
CITY OF CARLSBAD 1 54d m60 CDtiHTY 2€G0R9iR3S 3iF:
A!#ETTE EU&S~ COUNJT'! RE!3kX 1200 Elm Avenue )
h WHEN RECORDED MAIL TO:
13: ? r; nii CEEl'. Space above this li*i for R$@prdeFrs .. . us
Parcel No. 168-040-14, 23, 26 t 27
Carlsbad, California 92008
3: : is OD
HOLD HARMLESS AGREEMENT DRAINAGE
CT 83-19
In consideration of the City's approval of a drainage
(Plan No. 304-721 AND 304-7B) and improvement plans (Plan No.
pment to occur on property described as bei
f a parcel of land in the City of Carlsbad, Co
of San Diego, State of California, being a portion of the
conveyed to Lyon/Copley Carlsbad Associates, L.P., a Califo
Limited Partnership by a deed recorded with the County Reco
of said County on April 13, 1989 as recorder's File/Page No.
193426 O.R., (APN 168-040-14, 23, 26, & 27), We Lyon/Cc
Carlsbad Associates, L.P., a California Limited Partnership
owners of said property promise to indemnify and to hold the
of Carlsbad and any of its agencies or employees harmless
liability for injuries to persons, or damage to or takin
property, directly or indirectly caused by the diversio
waters, the alteration of the normal flow of surface water
drainage, or the concentration of surface waters or drainage
the drainage system or other improvements identified in
approved plans; or by the design, construction or naintenanc
the drainage system or other improvements identified in
approved plans.
Approval of the plans by the City shall not constitut
assumption by the City of any responsibility for such dama?
Agreements/AG-14.FRM REV.
1976 STATE OF CALIFORNIA) SS.
COUNTY OF SAN DIEGO)
ON , BEFORE ME, THE UNDERSIGNED, A NOTARY
PUB STATE, PERSONALLY APPEARED GARRY M.
TARQUINIO AND ROBIN 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:
W - v LIL! %---
C.
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taking. City e shall not be an insurer or Kii clrety for the desig
construction of the improvements pursuant to the approved pl
nor shall any officer or employee thereof be liable
responsible for any accident, loss or damage happeninq
occurring during the construction work or improvements
specified in this agreement.
It is further agreed that the above owner(s) will main
all drainage systems to insure a free flow to a satisfac
point of discharge unless said systems are accepted as pu
facilities.
It is further agreed that this agreement shall be bindir
all heirs, successors or assigns having an interest in all or
part of the property described herein.
IN WITNESS WHEREOF, the undersigned has executed
, 1991. July day of 9 instrument this
Lyon/Copley Carlsbad Associates, L a California Limited Partnership
BY: Lyon Communities, Inc. a California Corporation
APPROVED AS TO FORM:
VINCENT F. BIONDO, JR. City Attorney Lyon Communities, Inc.
By: a I hL4
Deputy City AttoMey
(Proper notarial acknowledgment of execution by the OWNERS
be attached) -
Agreements/AG-14. FRM REV. I