HomeMy WebLinkAboutCT 95-02; Aviara FSRC Associates, LP; 1997-0097856; Hold Harmless Agreement/ReleaseREQUESTED BY
ND WHEN RECORDED MAIL TO:
D-Y OF CARLSBAD Carlsbad Village Dr. Carlsbad, CA. 92008
.D,‘: It 1997-0097856 OS-llAR-1997 03~14 WI
WFICM RECORDS SAN DIEGO COUNTY RECOROER’S OFFICE
1214 RF: GREGORY Stl;Ttj; COU~~~E~E~OROER , : 16.00
SPACE ABOVE THIS LINE FOR RECORDER’S USE
Assessor’s Parcel No. APN 215-750-04, 05
Project No. & Name
UNIT 2: FOUR
AVIARA
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City’s approval of a drainage plan (Plan No. 34%8A) and
nprovement plans (Plan No. 349-8) for development to occur on property described as Lot 89 of
/lap 12410 and Lots 4 & 5 of Map 13335, CT 95-02, We, Aviara FSRC Associates Limited
‘artnership, the owner(s) of said property promise to indemnify and to hold the City of Carlsbad
Ind any of its agencies or employees harmless from liability for injuries to persons, or damage to
lr taking of property, directly or indirectly caused by the diversion of waters, the alteration of the
normal flow of surface waters or drainage, or the concentration of surface waters or drainage from
le drainage system or other improvements identified in the approved pians; or by the design,
:onstruction or maintenance of the drainage system or other improvements identified in the
approved plans.
Approval of the plans by the City shall not constitute an assumption by the City of any
esponsibility for such damage or taking. City shall not be an insurer or surety for the design or
:onstruction 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
LgreementsWG-14.FRM
1
REV 6126195
uring the construction work or improvements as specified in this agreement.
It is further agreed that the above owner(s) will maintain all drainage systems to insure a
‘ee 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
aving an interest in all or any part of the property described herein.
IN WITNESS WHEREOF, the undersigned has executed this instrument this \? ti
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PROPERTY OWNERS
AVIARA FSRC ASSOCIATES LIMITED PARTNERSHIP,
A California Limited Partnership, As Owner
By: AVIARA RESORT CLUB, INC.,
A Delaware Corporation, Its General Partner
By: Stephen P. Smith
(Sign Here)
Vice-President, Aviara Resort Club, Inc.
(Print Name and Title)
Date: 12-13*q(u n
By:
(Sign here)
Stephen .p. se,-#, v ice (Print Name and Title)
E&v-ii
Date: l2- 17-q&
,PPROVED AS TO FORM:
!ONALD R. BALL
Zity Attorney
3y:
%+y City Attorney
Proper notarial acknowledgment of execution by the OWNER(S) must be attached).
LgreementsWG-14.FRM
2
REV 6/26/95
_- .-
CALiFOiNlA ALL-PURPOirE ACKNOWLEDGMENT
State of CALIFORNIA 1216
County of SAN DIEGO
On 12/17/96 Date
personally appeared
before me, KAREN GAGIAN, NOTARY PUBLIC ,
Name and Title of Officer (e.g., “Jane Doe, Notary Public”)
STEPHEN P. SMITH
Name(s) of Signer(s)
@! personally known to me - OR - CI 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.
WITNESS my hand and official seal.
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer’s Name:
Cl Individual
q Corporate Officer
Title(s):
0 Partner - 0 Limited 0 General
q Attorney-in-Fact
0 Trustee
0 Guardian or Conservator
0 Other:
Signer Is Representing:
Too of thumb here
Signer’s Name:
0 Individual
0 Corporate Officer
Title(s):
0 Partner - 0 Limited C General
0 Attorney-in-Fact
0 Trustee
0 Guardian or Conservator
C Other:
Signer Is Representing:
Toa of thumb here
0 1995 National Notaly Asscaatian - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309.7184 Prod No. 5907 Reorder: Call Toll-Free l-800-876-6827
1217
Aviara FSRC Associ&s
NOW, THEREFORE BE IT RESOCVEI:
Vice President ofthis Corpor&or?$@~“
to execute and deliver on behah$&liiXC
general partner of Aviara, the fir&%&$&r~~95%)~ i,’ p.g >1&- AriZYd- &..x>x*w.a Aviara Resort; and be if ~~~~!~~~~~ f ..:, ,*..-
auttorized _,,dm I OrporationaSmanaging e.*.. ia-., * ._ 1. ..A”., 1& L”
RESOLVED, that Stephen P.. Smit$JGice~~l Corpomtion, be, & he he;eby i&&&&&. deliver on behalflofthis corpo il .&* ” >$..:u,+f”v “rrMd-. documents and tb take such other actrontisu - ^
_ I >.ps- ‘. v+- $,.$ F sole discretion,. deem necessary or ad&sable iii’5 . . . . ..z r I therewith, the execution by such ol iSru~T.rLi.“A-- +4&d
or documents to be conclusive &ic
such discretion. ’ i . : -:I~
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I,. 1, Uarl~e Clarke, Vice I-‘resident O~A 2 ,do hereby.certify that the foregoing’is a true and%mpli
; ,: ,, of Directors of Aviara Resort Club, oq~+,J&u&y 2@ &jj$$~$&& ‘..“~-~~~~~,;~~~“~~~~~ ;;~L*~~ ,.~
.) not been rescinded, changed or altered~but .?emam and%ontinue &@U -- ., : ‘1 .;-.. ,j;).&: .~~~~~~~~~~~~~~~~~~~ ; and effect. _ ~. I ‘- “;pg@ <.P$gqgq $g, ;,f u * .. 1 affixed the Corporate Seal -& F , - 6,
‘1N wITNEss mmDF, J,h;+;;gidtii c*.3&
. of Aviara Resort Club, Inc, on this ~7’ day of J~u&-&!99~
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