HomeMy WebLinkAboutCT 03-02; Grand Pacific Carlsbad LP; 2005-1054390; Hold Harmless Agreement/ReleaseDGC# 2005-1054390
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
DEC 07, 2005 3:48 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY J. SMITH, COUNTY RECORDER
FEES: 0.00
PAGES: 4
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.: 211-100-14,
211-100-12
PROJECT NO. & NAME: CT 03-02
Carlsbad Ranch Resort
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City's approval of a drainage plan (DWG 428-9A) for
development to occur on property described attached Exhibit "A", I/We, Grand Pacific Carlsbad,
LP, a California limited partnership, the owners 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.
1
Hi/Development Services/Masters/Bonds & Agreeemnts/Hold Harmless Agreement Drainage Rev. 12/08/98
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.
IN WITNESS WHEREOF, the undersigned has executed this instrument this
day of s&Pven't&st— 20 0>~.
PROPERTY OWNERS
Grand Pacific Carlsbad, LP, a California limited partnership
By: Grand Pacific Development, Inc, a California
.corporation, General Partner
JigrfHeri
Timothy J. Stripe, Co-President
(Print Name and Title)
06
(Sign Here)
David S. Brown, Co-President
(Print Name and Title)
Date:
(Proper notarial acknowledgment of execution by SUBDIVIDER must be attached)
(Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant
treasurer must sign for corporations. Otherwise, the corporation must attach a resolution
certified by the secretary or assistant secretary under corporate seal empowering the officer(s)
signing to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
By: ,
H:/Development Sarvices/Masters/Bonds & Agreeemnts/Hold Harmless Agreement Drainage Rev. 12/08/98
State of California
County of San Diego
ate)
personally appeared
me,
(NarHe, Title of Off ice3)
WSLxfiO
(Name|i] of Signer[sJ
t ^'personally known to me -OR - D
(proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s)
T^/are subscribed to the within instrument and acknowledged to me that r$s^|/they
executed the same in hj^ej/their authorized capacity(ies), and that by hj&h^f/their
signature(s) on the instrument the person(s), or entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal
Signati/rebf Notary^
ELIZABETH S. QUINETTE
Commiuion* 1362444
Notary Public-CaUfomia
San Diego County
My Comm. Expires Jun 25.2006
(This area for
official notary seal)
Title or Type of Document
Date of Document No. of Pages
Signer(s) other than named above
H:/Development Services/Masters/Bonds & Agreeamnts/Hold Harmless Agreement Drainage Rev. 12/08/98
EXHIBIT "A"
LEGAL DESCRIPTION
BOUNDARY PARCEL "A" OF CERTIFICATE OF COMPLIANCE RECORDED MARCH
9,1998 AS DOCUMENT NO. 1998-125301 PER CITY OF CARLSBAD BOUNDARY
ADJUSTEMENT PLAT NO. 498 AND LOT 20 OF CARLSBAD TRACT 94-09, IN THE
CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO. 13408, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY ON APRIL 1, 1997.
CT 03-02
CARLSBAD RANCH RESORT