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HomeMy WebLinkAboutCT 83-32; Lyon/Copley Carlsbad Associates LP; 1992-0348031; Hold Harmless Agreement/Releaser; I% .* I ./ 9999 1 1 1 CFFILIA! R~~F:CS RECORDING R, ESTED BY AND Ih WHEN RECORDED MAIL TO: !-.M py ;;-I P I 'd rIr-.ilPF rr'l 1 -ILf%ab sf&'f! ~LLSR~~ 5 SFf CITY OF CARLSBAD 1200 Elm Avenue Carlsbad. California 92008 ) ##{ET:E EV9M5, COUNTY EEtrJRL3i nr - rrrr - Space above this lip for &#orde+%'s u I= J. t: Parcel No. 168-041'25 1. on HOLD HARMLESS AGREEMENT DRAINAGE CT 83-32 In consideration of the City's approval of a drainage (Plan No. 303-2A AND 303-2B) and improvement plans (Plan No. 2) for development to occur on property described as be. subdivision of a parcel of land in the City of Carlsbad, C of San Diego, State of California, being a portion of the conveyed to Lyon/Copley Carlsbad Associates, L.P., a Calif Limite tnership by a deed recorded with the County Rec of said County on April 13, 1989 as recorder's File/Page No 193426 O.R., (APN 168-040-25) , We Lyon/Copley Car Associates, L.P., a California Limited Partnership the owne said property promise to indemnify and to hold the Cit Carlsbad and any of its agencies or employees harmless liability for injuries to persons, or damage to or takir property, directly or indirectly caused by the diversic waters, the alteration of the normal flow of surface watei 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 maintenanc the drainage system or other improvements identified in apprcved plans. Approval of the plans by the City shall not constitut assumption by the City of any responsibility for such dama5 REV. Agreements/AG-14.FRM 2 -'I# STATE OF CALIFORNI' SS. COUNTY OF SAN DIEGO) ON .I +i c i t/l q I I c\ci I , BEFORE ME, THE UNDERSIGNED, A NOTARY PUBLIC IN ANb FbR SAID STATE, PERSONALLY APPEARED GARRY M. TARQUINIO AND ROBIN L. ADAMSON, PERSONALLY KNOWN TO ME TO BE THI VICE PRESIDENT AND ASSISTANT SECRETARY, RESPECTIVELY, OF LYOP COMMUNITIES, INC. , THE CORPORATION THAT EXECUTED THE WITH11 INSTRUMENT ON BEHALF OF THE CORPORATION, SAID CORPORATION BEINC PERSONALLY KNOWN TO ME TO BE THE MANAGING GENERAL PARTNER 01 LYON/COPLEY CARLSBAD ASSOCIATES, L.P., SAID PARTNERSHIP BEING THI CALIFORNIA LIMITED PARTNERSHIP THAT EXECUTED THE WITHIN INSTRUMENT, AND ACKNOWLEDGED TO BE THAT SAID CORPORATION EXECUTED THE WITHIE INSTRUMENT AS SUCH PARTNER AND THAT SAID PARTNERSHIP EXECUTED THI SAME. WITNESS MY HAND AND OFFICIAL SEAL: $LijxL, (li.Knl1~~li: Tr i:_ ,L t\ ijQ , *. -I I F' L 2006 @ taking. Cit, shall not be an insurer or%ety for the desi construction of the improvements pursuant to the approved p nor shall any officer or employee thereof be liabl responsible for any accident, loss or damage happenin occurring during the construction work or improvement specified in this agreement. It is further agreed that the above owner(s) will mai all drainage systems to insure a free flow to a satisfal point of discharge unless said systems are accepted as PI facilities. It is further agreed that this agreement shall be bindi all heirs, successors or assigns having an interest in all o part of the property described herein. IN WITNESS WHEREOF, the undersigned has executed instrument this 9 day of JULY , 1991. Lyon/Copley Carlsbad Associates, I a California Limited Partnership BY: Lyon Communities, Inc. Corporation era1 Partner APPROVED AS TO FORM: VINCENT F. BIONDO, JR. City Attorney Lyon Communities, Inc. By: && ,)/ LL+ D puty City Attorne (Proper notarial acknowledgment of execution by the OWNERS be attached). Agreements/AG-14.FRM REV.