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HomeMy WebLinkAboutPE 2.91.33; Lyon/Copley Carlsbad Associates LP; 1991-0632758; Hold Harmless Agreement/Release1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 ia 19 20 21 22 23 24 25 26 27 28 RECORDING REQ&STED BY AND WREN RECORDED MAIL TO: CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad. California 92008 Space ab 555 i-t # 19914632758 &-DEE-1991 11~05 FlM OFFICIAL RECORDS SAN DIE&O COUNTY RECORDER’s OFFICE ~,, ,fiNNETTE E’JBNS, EFW&TY.RtiDRDER 0.00 Parcel No. 168-040-14, 18, 23 & 25 HOLD HARMLESS AGREEMENT DRAINAGE PE 2.91.33 , ';, In consideration ,of,:Ghe:City$ oval of a drainage plan No. 303-2C for developmen'tto occur onpro~perty described as See Exhibit lWAtl attaohed (APR -168-848-14; 18; 23, & 25), We Lyon/Copley Carlsbad Associates L.P., a California Limited Partnership 'the tiers 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 maters,,,the alteration of the normalflo& ofsurface 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 p&ins 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. Agre.mmts/AG-14.FRM 1 REV. 5/21/w) . . . ’ 1 2 3 4 5 6 7 a 9 IO 11 12 13 14 15 16 17 ia 19 20 21 22 23 24 25 26 27 . 28 .- 556 - It is fu,cher agreed that the above dwner(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;' ~3$eund&signed has executed this instrument this / day of &?izZ~ti " , 199/. Lyon/C.opleyCarlsbad~' &o&&es, a Califu,rhia':~irmited'Pa~hership L. P., BY: Lyon Communities; 'Inc.: a California corporat4un~ APPROVED AS TO FOREi: VINCENT F. BIONDO, JR.' City Attorney Rob!in L. Adarhson, Asst. Secretary Lyon Communities, Inc. (Proper notarial be attached). nt of execution by the OWNERS must ARrenentslAG-14.FRM 2 REV. 5/21/W STATE OF CALIFORNI. SS. 5: COUNTY OF SAN DIEGL, ZBEdJ-!&k TARQUINIO AND ROBIN , BEFORE ME, THE UNDERSIGNED, A NOTARY SAID STATE, PERSONALLY APPEARED GARRY M. L. ADAMSON, PERSONALLY KNOWN TO ME TO BE THE VICE PRESIDENT AND ASSISTANT SECRETARY, RESPECTIVELY, OF LYON COMMUNITIES, INC., THE CORPORATION THAT EXECUTED THE WITHIN INSTRUMENT ON BEHALF OF THE CORPORATION, SAID CORPORATION BEING PERSONALLY KNOWN TO ME TO BE THE MANAGING GENERAL PARTNER OF LYON/COPLEY CARLSBAD ASSOCIATES, L.P., SAID PARTNERSHIP BEING THE CALIFORNIA LIMITED PARTNERSHIP THAT EXECUTED THE WITHIN INSTRUMENT, AND ACKNOWLEDGED TO BE THAT SAID CORPORATION EXECUTED THE WITHIN INSTRUMENT AS SUCH PARTNER AND THAT SAID PARTNERSHIP EXECUTED THE SAME. WITNESS MY HAND AND OFFICIAL SEAL: .- EXHIBIT WA" LEGAL DESCRIPTION 558 THAT CERTAIN PARCEL, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, SHOWN ON PARCEL MAP No. 16233 AS HAVING A GROSS AREA OF 11.67 ACRES, SAID PARCEL MAP HAVING BEEN FILED WITH THE COUNTY RECORDER OF SAID COUNTY ON SEPTEMBER 21, 1990. W. HILL. J?!. L.S. H&A San Diegb 346-58 MA:ma wp:lega1463 rev:9/25/91 EXHIBIT "A" - PAGE 1 OF 1