HomeMy WebLinkAboutCT 03-02; Grand Pacific Carlsbad LP; 2016-0692281; 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# 2016-0692281
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Dec 16, 2016 04:18PM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES $0.00
PAGES 5
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.: 211-130-04-00
@ 211-130-07-00 jffo ' _2_1_1 0'-1-'--30_-1_0_-0_.;_0 ____ _
PROJECT 10: CT 03-02 ----------------------PROJECT NAME: Carlsbad Ranch PA 5 (Event
Garden)
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City's approval of a drainage plan (DWG 428-91) for development
to occur on property more particularly described as (see attached, Exhibit "A"), 1/We, Grand
Pacific Carlsbad, LP, a California limited partnership, 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.
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Gardens\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13
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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Gardens\HOLD HARMLESS AGREEMENT DRAINAGE. doc 01/25/13
IN WITNESS WHEREOF, the undersigned has executed this instrument this
day of __ -+-~---'------' 20_r-1-~---
APPROVED AS TO FORM:
CELIA BREWER
City Attorney
By!JPJ~
RON KEMP
Assistant City Attorney
City of Carlsbad
OWNER(S)
Grand Pacific Carlsbad, LP, a California
limited partnership
By: Grand Pacific Development, Inc.,
a California corporation,
Its general partner
By~-= (Sign Here)
Timothy J. Stripe, Co-President,
Grand Pacific Development, Inc.
Date: r I
By:
(Sign Here)
(Print Name and Title)
Date:
(Proper notarial acknowledgment of execution by owner(s) must be attached)
l1~
(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.)
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Gardens\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13
Acknowledgement
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 San Diego
)
)
)
On November 17, 2016 before me, Diane Marie Proulx, Notary Public, personally appeared Timothy
J. Stripe. who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
is~ subscribed to the within instrument and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacityfies), and that by his/her/their signatur~ on the
instrument the personfsl, or the entity upon behalf of which the personfsl acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my h'n~-ea_l_. ---
Signature----~---""'"----------------(Seal)
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z , San Diego County ~ ,~ Expires Jun 7, 2018 ~-
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EXHIBIT "A"
LEGAL DESCRIPTION
LOT 11 OF CITY OF CARLSBAD TRACT NO 03-02 CARLSBAD RANCH HOTEL AND
TIMESHARE CONDOMINIUM, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO
OF CALIFORNIA, ACCORDING TO MAP THEREOF NO 15332, FILED IN THE OFFICE
OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 3, 2006.
END OF LEGAL DESCRIPTION