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HomeMy WebLinkAboutPE 2.90.49; Axiom Airport Partners LP; 1991-0180528; Hold Harmless Agreement/Release.- 1021 RECORDING RE(ztiESTED BY AND WHEN RECORDED WAIL TO: CITY OF CARLSBAD >& [)i&i; i&pi'i'? ~t$;$'~ &iii 1200 Elm Avenue ; ,[y?+; ; i r in ;t .+~I. ;u;wq rgt:)qy h;:&Jt# Carlsbad. California 92008 5; f II b \j; *. ::t>: d li.ji, Space above this l$e for '; corderl,sozse tg tip: J 1. ,. Parcel No. 213-050-45 f Ljr '_ BOLD HARMLESS AGREEMENT (yL DRAINAGE ,' .l?e: 2 ..90149 . . In considera~~h,bP,~e,City'~ approval of a drainage plan ,'. (Plan No. 318~7),'fo'r'deve'l+ment to occur on property described as Lot 6 of PM 11589 in theCity oP,Carlsbad, County of San Diego recorded onAugust 14, 1981 (APN 213-050-45), We Axiom Airport Partners, L.P. the owners 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 diversionof 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 inthe 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. AgreementslAG-14.FRU 1 REV. 5/21/90 . . 102% It is fuLcher agreed that the above owners 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.ay of 31,201 CI 1 , 1991. ,,, Axiom Airport Pa+Lners, I& a California ,Limited Par'tne&hip By: Axiom Partners,' Incr dba- Axiom'Dev~~~~~ent~'~ompany, a California,Corporatian ManaginglSencral Partner ,,'. Christina?Pisarik Vice President, Axiom Partners, Inc. AppROV&$S T~"FORM;: VINCENT F. BICNDD, JR. City Attorney By: 'Deputy City At%ori?ey, 8, (Proper notarial acknowledgment of execution by the OWNERS must be attached). Agreme,,ts/AG-14.FRM REV. 5/21/90 “STATE nf CALIFORt4T.A COLINTY OF .hyy : ss. On rch 77 lqql befot-e me. the undersigned. a Notary F’ctblic in and for- said State, personally appeared r.hris ‘a isnr,K !perronal1y k::nown to me! I-” P to be the yj& Pt.esident, am& _- (perrnnally known to me) (proved to me nn the basis of the corooration that co~r-pot-at inn, said corporation being ~personally know to me) to be the rf Pnr&fi L P . . the pavtnership *hat executed the within instrt!me”t, and acknohledged to me that such corporation executed the same as such partner and that: such partnership executed the szm~e. WITNESS my hand and official seal. Signature A.4A-Kr shcunn &ighk _ (This area for- official seal) . ,’ . ’ ACTION WITHOUT MEETING BY UNANIMOUS WRITTEN CONSENT OF BOARD OF DIRECTORS OF AXIOM PARTNERS, INC., dba AXIOM DEVELOPMENT COMPANY, a CALIFORNIA CORPORATION Pursuant to Section 307(b) of the Corporation Code of the State of California and Article III, Section 10 of the By- Laws of this Corporation, we the Undersigned, being all of the Directors of Axiom Partners, Inc., a California Corportion, do hereby adopt the following resolution by unanimous written consent and direct that a true and written copy of such resolution be filed with the Secretary of the Corporation and kept in its Book of Minutes. WHEREAS, Axiom Partners, Inc., dba Axiom Development Company: a California Corporation is a General Partner in Axiom Airport Partners, L.P., a California Limited Partnership. WHEREAS, the Vice President of Axiom Partners, Inc. is also a General Partner in Axiom Airport Partners. RESOLVED, that Christina Pisarik, the Vice President of this Corporation execute and acknowledge documents on behalf of Axiom Airport Partners. IN WITNESS WHEREOF, the Undersigned, being all of the Directors of Axiom Partners, Inc., have subscribed this written consent of Directors without a meeting effective March 6, 1991. 1~) -1; L~r- ,_.. R. __-__ ran ,,;rriG:%r:;,,, ~. ,. .~~ ..$A y, c, -.'". I?, . ,,..~. :: .a* As. '. L. Tayl>-py; ~.~.-~~~~~~~~~ Christina Pisarik, Vice President i. oj_ ;.&/"' "' ';( : '? .;. ,.+