HomeMy WebLinkAboutCT 85-17; ; 1991-0637551; Propertyx m
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RECORDING REQUESTED RVAND - 647 WHEN RECORDED, MAILTO:
City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008
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Space above this line for Recorder's use
Parcel No.212-041-06,07,08,09,10 and 11
IN DEM NlTY AGREE M ENT Palomar Airport Flight Path Restricted Zone CT 85-17 College Business Park
WHEREAS, Huntington Beach Company, a California corporation ('I HBCo"), hz filed a Final Map, College Business ParkTract Map 85-17 (the "Map") with the City c
Carlsbad ("City"); and
WHEREAS, Condition No. 30 of the Map requires HBCo, to hold City harmle! from losses occasioned by the operation of Palomar Airport, as such operations ma
affect the "flight path restricted zone", as identified on said map.
NOW THEREFORE, HBCo agrees to indemnify, protect, defend and hol
harmless City from and against any and all claims, demands, actions, causes of actio1
judgments, losses or liabilities for, inverse condemnation of the Premises (as used i
this Agreement Premises shall mean that certain real property located within th boundaries of the "flight path restricted use zone" as identified on the Map), injur
to or death of persons, or for damage to or destruction of real or personal propert or for civil penalty (but not criminal penalty), including damage to or destruction c the Premises, solely attributable to the approval by the City of the Map. Suc indemnification shall include such injury, death, damage or destruction cause( directly, solely or contributorily by the active negligence of City, its employee agents, or independent contractors, but will not extend to the gross negligencc willful misconduct or nonfeasance by City.
Should either party hereto institute any action,or proceeding in court t enforce any provision hereof or for damages by reason of an alleged breach of ar provision of this Agreement, the prevailing party shall be entitled to receive fro1 the losing party such amount as the court may adjudge to be reasonable attorney
fees for the service rendered the prevailing party in such action or proceeding.
This Agreement shall be governed by and construed in accordance with tt- local law of the State of California, without regard to the principles of conflicts ( law. All notices and demands shall be given by either personal delivery or in writin
considered given on the earlier of (a) receipt, if personally delivered to an officer ( the addressee, or (b) seventy two (72) hours following deposit in the United Statc mail. Notices shall be addressed as appears below for the respective partie provided that if any party gives notice of a change of name or address, notices 1 such party thereafter shall be given as specified in that notice.
by registered mail, postage prepaid, and return receipt requested. Notices shall t
e 648 e
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HBCo: Huntington Beach Company
2120 Main Street, Suite 260
Huntington Beach CA 92648
Attn: B. J. Shally, kg.
CITY: City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008 Attn: City Manager
The terms, covenants and conditions herein contained shall be binding up01
IN WITNESS WHEREOF, the parzies hereto have executed this lndemnit
the successors and assigns to the Premises.
Agreement this - /may of a& , 1991.
CITY OF CARLSBAD, a municipal / HUNTINGTON BEACH COMPANY, a California corp’ t:
v$? &hJ&$& awrence M. Netherton i * tice President
By:
Martin Urenyak \
for City Manager
pro d as to form: d City Attorney //*Z6*9/. -.
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. ,- 649 STATE OF CALIFORNIA
COTJNTY OF ORANGE lSs
Qn November 15, 1991 , before ne, Josephine Hoyal, a Notary Public
for the State of California, duly commissioned and sworn, personally
appeared 1,aurer.ce Y. Ketfierizon and Xchael K. FIayer personally
known to me to he the persons who executed the within instrument
as Vice Fresident and Assistant Secretary on hehalf of
named, and acknowledged to me that the corporation executed it.
Huntington Sea& Company , the corporation therein
WITNESS my hand and official seal.
NOtARyWMIE-~ PRINaPAL WRCE PI ORAwoECQunrr