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HomeMy WebLinkAboutCT 90-31; Aviara Land Associates LP; 1997-0040538; Hold Harmless Agreement/Releaseh RECDRDIRG REQWSTED RT AI0 UHEW REWRDED HAIL TO: CitV Clerk cm OF CARLSMD 1200 Carlsbad Village Dr. Carlsbed,CA92lXBB Dal # 1997-0040538 i: A 30-JAN-1997 11=26 All P. OFFICIilL RECORDS 231 ShN DIEGO COUNTY RECORDER’S OFFICE GREGORY SilITH, COUNTY RECORDER FEE9 0.00 SPACE ABOVE THIS LINE FOR RECORDER'S USI ASSESSOR'S PARCEL NO.215-6 - 6 PROJECT NO. &I NAME ARA PA i8 UNI- HOLD l.fAma&;iAGyREENENT In consideration of the City's approval of a drainage plar (Plan No. 340-3A ) and/or improvement plans (Plan Nos. 340-3 6 340-2 ) for development to occur on property described as Lot 7 01 Mar, No. 12967, in the Citv of Carlsbad. California, (APN 215-64- m), We Aviara Land Associates Limited Partnershin the owner(s) 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 diversion of waters, the alteration of the normal flow of surface waters or drainaq.e, 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 ar 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. - 1. * 1 - . , 232 It is further agreed that the above owner(s) will maintain al 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 instrument this WITNESS JHHRZ&OF,daFtfqed ,haFg ruted this AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP, AS OWNER By: AVIARA LAND COMPANY, A RATION, GENERAL D. L. Clemens (print name here) Scott Medanskv (print name here) Asst. Secretarv (title and organization of signatory) APPROVED AS TO FORM: RONALD R. BALL (Proper notarial acknowledgment of execution by the OWNER(S) must be attached). 233 STATE OF CALIFORNIA } >SS. COUNTY OF SAN DIEGO } On Mav 29. 1996 Public Scott Medansky before me,Kathleen Anne Farlev. Notarv , personally appeared D.L. Clemens and , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument.