HomeMy WebLinkAboutCT 95-02; Aviara Resort Associates LP; 1996-0318919; Hold Harmless Agreement/Releaser-
RECORDING REWESTED BY
AND MIEN RECORDED WAIL TO:
City Clerk
CITY OF CARLSBAO
1200 Carl&ad Village Dr.
Carl&ad, CA 92OOB
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.215-612-01, 215-612-02, 215-612-12
PROJECT NO. & NAME:
Four Seasons Resort Aviara PA 2A & 2B
CT 95-02, Unit 1
HOLD BARMLESS AGREEMENT DRAINAGE (CT 95-02)
In consideration of the City's approval of a drainage plan
(Plan No. 313-5 and 313-5M) and/or improvement plans ( Plans
No. 290-3) far development to occur on property described as Lot 232
of Map 12412 and Lots 87 and Lot 88 of Map 12410 (APN 215-612-01
215-612-02 and 215-612-121, (We), Aviara Resort Associates Limite
Partnership, the owner(s) of said property promise to indemnify an
to hold the City of Carlsbad and any of its agencies or employee
harmless from liability for injuries to persons, or damage to o
taking of property, directly or indirectly caused by the diversio
of waters, the alteration of the normal flow of surface waters o
drainage, or the concentration of surface waters or drainage fro
the drainage system or other improvements identified in the approve
plans; or by the design, construction or maintenance of the drainag
system or other improvements identified in the approved plans.
Approval of the plans by the City shall not constitute a
assumption by the City of any responsibility for such damage o
taking. City shall not be an insurer or surety for the design o
construction of the improvements pursuant to the approved plans, no
shall any officer or employee thereof be liable or responsible fo
any accident, loss or damage happening or occurring during 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 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 WITNESS WHEREOF, the undersigned has executed this
instrument this /F day oeb , 19 ?& .
AVIARA RESORT ASSOCIATES
LIMITED PARINHRSBIP, A California Limited Partnership, AEP Owner
By: AVIARA LAND ASSOCIATES LIMITED PARTNHRSHIP, A Delaware Limited Partnership, General Partner of Aviara Resort
Associates
By: AVIARA LAND
COMPANY, A Delaware
Corporation, General
Partner of Aviara Land Associates
By:
Vice President, Aviara Land Comnanv
(title and organization of signatory)
APPROVED AS TO FORM: RONALD R. BALL City Attorney
By: City Attorney
(Proper notarial acknowledgment of execution by the OWNER(S) must be
attached).
Agreements\AG-14.F'RM REV 6/26/95
*. **‘ .
.
. -
1431
STATE OF CALIFORNIA } }SS. COUNTY OF SAN DIEGO }
On April 17. 1996 before me, Kathleen Arme Farleu,
personally appeared Stephen P. Smith a personally known to me+qroved . . . se) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/&q/-they executed the same in his/he#their authorized capacity(k), and that by his/he#their signature(s) on the
instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument.
Comm. #lOIPn”:
NOTARY PUBLIC - CAL 8. JXGIA, I SAN DcEGo COUNTY u Comfn. Exp1r.8 Feb. 27, 1998