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HomeMy WebLinkAboutCT 90-38; Aviara Land Associates LP; 1994-0056015; Hold Harmless Agreement/ReleaseI 2085 blf # 1994-0056015 25-JAN-1994 02:36 Pll RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: c&Ty CLE RI< ; CITY OF CARLSBAD 1200 Carlsbad Village Drive ; Carlsbad, California 92008 Space above this line for Recorder's use ' OFFICIAL RECORDS Shti DIEGO COUNTY RECORDER’S OFFICE CINNETTE E’Jflk COUN;W&ECORDER RF: : CIF: 7:oo 14.c IF: 1.00 ,- Parcel No. 215-040-23 (9 Qo ?I38 ., In consPd&~ation &f $%a City's approval 6f a subdivision map, and grad&ng permit Ho, PE 2.91,44 a grading plan (Plan No. 325-6A) an&i improvement plans (Plans Nos. 325-6, 6A and 6B) for development to occur on property described as Aviara Planning Area 26pJ, CT 90-38 Units 1, 2, and 3 more particularly described as #'See Attached Exhibit AlI (APN 2150040-23), and other good and valuable contiideration, receipt of which is hereby acknowledged, We Aviara Land Associates Limited Partnership, A Delaw&& Limited Partnership ths owners of said property promise to indemnify and to hold the Ciey of Carlsbad and any of its agencies or employees harmless from liability for injuries to any persons, or damage to or taking of any property including public property, directly or indirectly caused by the geological failure of any nature, type or cause or any subsegua;lllt damage that may occur on or adjacent to this subdivision due to its construction, operation or maintenance. Approval of the plans or-permits, or inspection of any work done pursuant to those plans or permits by the City shall not constitute an assumption by the City of any responsibility for any damage or taking referenced in this agreement. City shall not be responsible in any manner whatsoever for the design, compaction, construction or maintenance of the slopes, cuts, fills or improvements made or done 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. The entire risk of any loss resulting from or caused by any geological failure is assumed by Agrements/AG-17.FWI 1 REV.5/21/90 ’ ‘r <. . . . i I 2086 and shall be borne by the owner. It is agreed that the above owners will maintain all slopes and landscaping in a manner to insure slope stability to the satisfaction of the City Engineer. The owners agree to repair any damage to public improvements caused by any geological failure referred to in this agreement to the satisfaction of the City Engineer. The owners agree to repair or stabilize any slope which the City Engineer 'd@smmsines may fail and cause damage to public improvements. Xt is further agreed that this agreement shall binding on all heirs, successors or assigns having an interest in all or any part of the property described herein. IN WI~ESG WHEREOF, signed has executed this instrument this $=++a I 19_$T3 . DEVELOPER: I, :' Aviara Land Associates Limi&& Partnership, A Delaware Limi$%& Partnership, formerly Pacific ,%irn Land Associates Limited Partner*hip, a Delaware Limited Partnershfp, iowner I A General Parbmr Ted L. Hoover, Asst. Secretary Itj‘y: Re iC Development Company, A rnia Corporation, A 1 Partner Ted L. Hoover, Asst. Secretary APPROVED AS TO FORM: RONALD R. BALL Acting City Attorney By: qplbz--2-& D&uty City Attornyy (Proper notarial acknowledgment of execution by the OWNERS must be attached). Ilgrec.ments/AG-17.FWI 2 REV. 5/21/90 * s 8 (I) Y . ” P W” STATE OF CALIFORNIA COUNTY OF &/“:r/d 1 s.s. On , before me, personally known to me story -eviMRe) to be the person(s) whose name(s)idare subscribed to the within instrument and acknowledged to me that he/eh&hey executed the same in t&he&their authorized capacity(ies), and that byhtsBn?rItheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal Signature 2087 FOR NOTARY SEAL OR STAMP F 2492 (5-91) C EXHIBIT "A" 2053 LEGAL DESCRIPTION BEING ALL OF LOT 4 OF CITY OF CARLSBAD TRACT 89-37 AVIARA PHASE II ACCORDING TO THE MAP THEREOF NO. 12967 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY SEPTEMBER 16, 1992 AS FILE NO. 92-588283. THIS LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION. MARfNUS W. BAAK R.C.E. 27512 REGISTRATION EXPIRES: 03-30-93