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: :
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IF: 1.00 ,-
Parcel No. 215-040-23 (9 Qo ?I38
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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
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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
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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