HomeMy WebLinkAboutPE 2.90.19; Aviara Resort Associates LP; 90-651682; Hold Harmless Agreement/ReleaseC I RECORDING h-dUESTED BY AND __....Y WHEN RECORDED NAIL TO:
CITY OF CARLSBAD 1200 Elm Avenue Carl&ad. California 92008 Space above this line 'for Recorder's use
Parcel No. :-CL
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HOLD HARMLESS AGREEMENT AR & DRAINAGE MG I ,,
In consideration of the City's approval of a drainage plan
(Plans No. 313-5, 313-5C) and/or improvement plans (Plans No.
290-3 ( 313-5A and 313-5B) for development to occur on property
described as Lots 87,88 and 09 of City of Carlsbad Tract 85-35,
Aviara, Phase I - Unit B, in the City of Carlsbad, County of San
Diego, State of California, according to map thereof No. 12410,
filed in the office of the County Recorder of San Diego County on
June 29, 1989 (APN 215-040-16). We Aviara Resort Associates
Limited Partnership the owner(s) 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
indire~ctly 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.
AgreeCe"ts/AC-14.FRM REY. 5/21/90
.- 1842 - It is further agreed that the abovt- downer 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 I5,33 day of Au#ust , 1940 .
DEVELOPER
Aviara Resort Associates Limited Partnership, a California Limited Partnership
Aviara Land Associates Limited Partnership, a Delaware Limited Partnership, its General Partner
Aviara Lend Company, a Delaware Corporation, its General Partner
By: W%$e,sdent
By: 34 ;2. &---- Ted L. Hoover, Assistant Secretary
APPROVED AS TO FORM: VINCENT F. BIONDC, JR. City Attorney
by: 9, /LLJ-
Deputy City xttorney
(Proper notarial acknowledgment of execution by the OWNERS(S) must be attached).
AgremntslAG-14.FRU REY. 5/21/90
-
1843
STATE OF CALJFORNIA }
COUNTY OF &-&~@k I ss.
1
On, M 4. /<@@before me, the undersigned, a Notary Public in and for said State, person@ appeared Michael R. Chase personally known to me m
- to be the’person who executed the within instrument as the
President of Aviara Land Company, a Delaware corporation, the corporation that executed
the within instrnment on behalf of Aviara Land Associates Limited Partnership, a Delaware Limited Partnership, the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same.
WITNESS my hand and official seal.
(se4
DANA J COYdELL NOTw!Y WOLIC - CALlFORNlA
Notary Public &’
1844
STATE OF CALIFORNIA }
COUNTY OF &k&,& ; “-
-to be the person who executed the within instrument as the Assistant Secretary of Aviara Land Company, a Delaware corporation, the corporation that executed the within instrument on behalf of Aviara Land Associates Limited Partnership, a Delaware Limited Partnership, the partnership that executed the within iostrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same.
WITNESS my hand and official seal.
(se4 LL!L& 4 *A Notary Public