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
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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
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