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HomeMy WebLinkAboutMS 832; Lyon/Copley Carlsbad Associates LP; 90-450020; Hold Harmless Agreement/Release_ * 1154 I 9 0 4,5 0 fj 2 0 RECORDING REQUESTED BY AND ~~~~~~~~~~~~~j : i J ‘-. I r . . WHEN RECORDED MAIL TO: 1 iglg &J$ ,t 6 #t# jf: 47 CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, California Parcel No. 167-101-27 & 168-040-U HOLD HARMLESS AGREEMENT DRAINAGE $@a FEE MS 832 In consideration of the City's approval of Minor Subdivsion No. 832 for development to occur on property described as portion of Lots "Dtl and IV" of Agtza HedLonda Map No. 823 (APNs 167-101-27 & 168-040-l&), We LyonJCopley Carlsbad AsSociates, L.P., a California Limited Partnership the owner 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 drainage, 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 an 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. Agreements/AG-14.FRM REV. 5/21/90 . ’ . I . . , - 4 1155” It is fu,cher agreed that the above tiwner(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 d-d day a , 1990. Lyon/Cop&y Carlsbad Associates, L.P., A California timited Partnership Senior 6eneral Partner APPROVED AS TO FORM: VINCENT F. BIONDO, JR. City Attorney . By: 8 ttYk-@ 'Deputy City Aterney (Proper notarial acknowledgment of execution by the OWNERS(S) mllst he attachdf’i _ Acknowledgment by Corporation which is General Partner) STATE OF CALIFORNIA COUNTY OF San Diego 1 ss. On this l7thay of Julv , in the year 1990, before me, the undersigned, a Notary Public in and for said County and State, personally appeared Garrv M. Tarauinio . Personally known to me etno be the person who executed I the within instrument as Vice President mmon behalf of the Corporation therein named and on behalf of the Partnership; and acknowledged that the Corporation executed and the Part- nership executed the instrument. Notary Seat Notary Public in and for said County and State ~ REV. 5/21/90 I I I II