HomeMy WebLinkAboutCT 2023-0005; Toll West Coast LLC; 2026-0000643; Hold Harmless Agreement/ReleaseRECORDING IS REQUESTED
FOR THE BENEFIT OF THE CITY OF
CARLSBAD
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
DOC# 2026-0000643
111111111111 lllll 111111111111111111111111111111111111111111111 IIII IIII
Jan 02, 2026 12:27 PM
OFFICIAL. RECORDS
JORDAN Z. MARKS
SAN DIEGO COUNTY RECORDER
FEES: $0.00 (SB2 Atkins: $0.00)
PAGES: 5
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO. : 204-240-22-00 -------------PROJECT ID: CT 2023-0005
PROJECT NAME: Juniper Coast Homes
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City's approval of a drainage plan (DWG 551-3A) and improvement plan
(DWG 551-3) for development to occur on property more particularly described as (see attached, Exhibit
"A"), I/We, Toll West Coast LLC, a Delaware limited liability company, the owner(s) of said property,
promise to indemnify and to hold the City of Carlsbad, its officers, agents and employees harmless from
liability for injuries to persons, or damage to or taking of property, directly or indirectly 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.
It is further agreed that the above owner(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.
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IN WITNESS WHEREOF, the undersigned has executed this instrument this __ 1-__ day of
De;cem'2e C , 20_2 ~5' __ _
APPROVED AS TO FORM:
CINDIE K. MCMAHON
City Attorney
By:
C. Dalton Sorich
Assistant City Attorney
City of Carlsbad
TOLL WEST COAST LLC, a Delaware limited liability company
By: TOLL BROS., INC., a Pennsylvania
corporation
Its Sole Member
By:
(sign here)
Peter Kim -Vice President
(print name and title)
Date:
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Orange
on December 2, 2025 before me, Carmen Palacios De Nova, Notary Public
(insert name and title of the officer)
personally appeared _P_e_t_e_r _K_im ______________________ _
who proved to me on the basis of satisfactory evidence to be the person~ whose namefaj is/ai:e
subscribed to the within instrument and acknowledged to me that he/sflettftey executed the same in
his/hei:4Reir authorized capacityfies.), and that by his/~ir signature~) on the instrument the
personEs,-, or the entity upon behalf of which the person(-91-acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
(Seal)
EXHIBIT "A"
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CARLSBAD, IN THE COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
LOT 2 IN BLOCK "Q" OF PALISADES NO. 2, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, AS PER MAP THEREOF NO. 1803 FILE DIN THE OFFICE OF THE COUNTY RECORDER
OF SAID SAN DIEGO COUNTY ON AUGUST 25, 1924.
APN 204-240-22-00