HomeMy WebLinkAboutPR 4.37; Aviara Land Associates LP; 1991-0127324; Hold Harmless Agreement/ReleaseSpace above this liae for ddorderls use
Parcel No. 215-602-53, 215-040-22
HOLD HARMLESS AGREEMENT P[
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RIGHT.OP kSY ENCROACHMENT
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In considkrakiofi of the City's approval of Encroachment
Permit No. PR 4.37. We, Aviara Land Associates Limited
Partnership, owners of the property, promise to hold the City of
Carlsbad, or a- of its agencies or employees, or any other
public 'agency, harmless from any liability for damage to the
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structuxe encrdaching whole or in part into the City's right of
way when the right of way is being used in the performance of any
public seflide. or aetivity .
City shall not be insurer or surety for the design or
construction of the structure pursuant to the approved plans, nor
shall any offher 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.
The owner agrees to remove the encroaching structure upon
written order from the City at no cost to the City.
It is further agreed that this agreement shall be binding on
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AGREEMENTSIAG-16.FRM
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, all heirs, slhcessors or assigns having ai, interest in all or any
part of the property described herein.
IN WITNESS WHEREOF, the undersigned has executed this
instrument this 20 day of February , 19 91 .
OWNERS (S) :
Aviara Land Associates Limited Partnership, A Delaware
Limited Partnership
Aviara "p Company, A Flaware - Corporat on, General ,. .P&ftner
N' D.L. Clxein6, Vice President ,,
Ted L.' Hoover,, Assistant Secretary
VINCENT F. BIONDO, JR., City Attorney
attached.) (Notarial acknowledgement of execution by the OWNER(S) must be
STATE OF CALIFORNIA
COUNTY OF 5’- 2?,
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me, the undersigned, a Notary Public in and
personally known to me or proved to
me on the basis of satisfactory evidence to be the person who executed the within
instrument as the Vice President 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 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.
(Seal)
STATE OF CALIFORNIA
COUNTY OF Ql&p
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On 2 0, 144 I before me, the undersigned, a Notary Public in and for said State, personally appeared Ted L. Hoover, personally known to me or proved to
me on the basis of satisfactory evidence 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 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.
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NOTARY PUBLIC