The URL can be used to link to this page

Home My WebLink AboutCT 94-09-01; Carlsbad Estate Holding Inc; 1996-0645939; Hold Harmless Agreement/Release‘- \//‘I; i ) Y-X # 1996-0645939 1 RECORDING ItFiQUEsrED BY AND WHEN BECOBDED MAIL TO: City Clerk CITY OF CAFUSBAD 1200 CarlrbPd Village Dr. CarIsbad, CA 92008 ct’ 26-DEC-1996 09=51 fir . v : 1044 OFFICIAL RECORDS SAN DIE60 COUNTY RECORDER’S OFFICE GREGORY WTH 9 COUHTY RECORDER FEES: 0.00 SPACE ABOVE THIS LINE FOR RECORDER’S USE ASSESSOR’S PARCEL NO. 21 l-023-08,09.16 PROJECT NO. 8t NAME: CT 94-09-l . CARLSBAD RANCH UNIT 1 HOLD HA&iESS A&EMEN+ DRAINAGE /. ” In consideration o&he City’s approval of a drainage plan (Plan No. I%kG 333k8&d DWG 333-2K) a.- and/or improveknt plans (Plans No. DWG 333-25) for development to occur on p&peik$‘described in the attached Legal Description labeled Exhibit “A” attached hereto, and incorporated herein, f(‘We), Carlsbad Estate Holding, Inc., a Ctdifomia Corporation (the “undersigned”), the owner(s) of said property promise to indemnify and to hold the City of Carlsbad and any of its agencies or 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 normaI flow of surface waters or dminage, or the c0ncentration of surface waters or drainage from the drainage system or other improvements identif%d in the apprbved plans; or by the design, b ‘. ,‘, ‘. ‘j!,;.; 1 construction or maintenance of the drainage @stern or other ikpr&e&& 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. AgreementAAG-14.FRM REv&w9s “945 The property described on Exhibit “‘A” attached hereto includes parcels identified on the Master Tentative Map for Carlsbad Ranch [C.T. 94-091 as Lot 17 (“Resort Site”) and Lot 18 (‘Iegoland Site”). Upon conveyance by the undersigned of fee title to the property described on Exhibit “A” other than the Resort Site and the Legoland Site, the undersigned and successor owners of all or any portion of the Resort Site and the Legoland Site shall be released from all further liability or obligation under this Agreement. Subject to the foregoing release provisions, this Agreement shall be binding on all heirs, successors and assigns having any interest in all or any part of the property described herein. Carlsbad Ranch Company, L.P., a Cahfornia Limited Partnership (I”CRC”), the master developer of the Carlsbad Ranch pmject, will cause the work shown on the drainage and/or improvement plans identified above to be pe&ormed. The City has obtained an indemnity agreement from CRC, comparable to the indemnity agreement set forth herein. The City agrees that CRC shall be primarily liable fbr indemnifying the Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill City and the undersigned shall be secondarily liable. In the event the City has any right to indemnification from the undersigned, the City agrees to first exhaust its rights and remedies against CRC prior to pursuing the undersigned. IN WITNESS WHEREOF, the undersigned has executed this instrument this 33* day of J u4 , 1996. DEVELOPER CARLSBAD RANCH COMPANY, L.P., A CALIFORNIA LIMITED PARTNERSHIP By: Carltas company, a california limited partnership, General Partner By: Carltas Management, a California PROPERTY OWNERS CARLSBAD ESTATE HOLDING, INC., A CALIFORNIA CORPORATION By: (Sign Here) (Print Name and Title) Date: APPROVED AS TO FORM: RONALD R. BALL City Attorney By: 1! (Proper notarial acknowledgment of execution by the OWNER(S) must be attached). REV m.995 CiLlFORNIA ALL-PURPOSE ACKNOWLEDGMENT 1047 State of California , County of ‘S~J-J Dieuo On July 39. l!WE, beforeme, Karen A. Phelps, Notam Public I Name and i?tle of Olficer (e.g.. -Jane Doe. Notary Put%‘) personally appeared Christopher C. Calkins--------- I Name(s) of Signer(s) apersonally known to me - ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ be the person&j whose name(#i&& subscribed to the within instrument and acknowledged to me that he/&$$##executed the same in his/l&&/#&f authorized capacity(&$j, and that by his/d&U%ii signature(s) on the instrument the person(S), or the entity upon behalf of which the personG) acted, executed the instrument. Though the information below is not required by law, it may p to persons relying on the document and could prevent fraudulent removal and reattachment of form to another document. Description of Attached Document Title or Type of Document: Hold Harmless Agreement Drainage Document Date: 7/30/96 Number of Pages: 3 + lZxh* Signer(s) Other Than Named Above: CEHI, Ball Capacity(ies) Claimed by Signer(s) Signer’s Name: Christopher C. Calkins Cl Individual Cl Corporate Officer Title(s): President Cl Partner - 0 Limited Cl General Cl Attorney-in-Fact q Trustee- Cl Guardian or Conservator C! Other: Signer Is Representing: Carlsbad Ranch Company By: Carltas Company By: Carltas Management Signer’s Name: Cl Individual 0 Corporate Officer Title(s): Cl Partner - Cl Limited q General 0 Attorney-in-Fact 0 Trustee 0 Guardian or Conservator q Other: Signer Is Representing: I I 0 1994 Natwnal Notary Ass0~1al1on - 8236 Remmet Ave. PO. Box 7184. Canoga Park, CA91309-7184 Prod. NO. 5907 Reorder: Call Toil-Free l -800-676-6827 _- &&ORNIA Au-purpose ACKNOWLEDGMENT 1048 before me, c?Ldt& JQ%ei?&J 7$& A _ n Name and Title of Officer (e.g., “Jane Do;, Notary Public”) ,,+ person&y ap&ared v I Name(s) of Signer(s) .$-personally known to me - OR - q proved to me on the basis of satisfactory evidence to be the person(d/ whose name@) is/aresubscribed to the within instrument and acknowledged to me that helskeltbey executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(&on the instrument the person(z$ or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. , & c- -1 Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Number of Pages: Capacity(ies) Claimed by Signer(s) Signer’s Name: 0 Individual 0 Corporate Officer Title(s): q Partner - Cl Limited q General 0 Attorney-in-Fact q Trustee Cl Guardian or Conservator 0 Other: Signer Is Representing: Top of thumb here Signer’s Name: Cl Individual 0 Corporate Officer Title(s): 0 Partner - q Limited 0 General 0 Attorney-in-Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: Top of thumb here @ 1994 National Notary Association * 6236 Remmet Ave., P.O. Box 7164 - Canoga Park, CA 91309-7164 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6627 . * . l . 1049 EXHIBIT “A” PARCEL A OF THAT CERTAIN CERTIFICATE OF COMPLIANCE RECORDED ON OCTOBER 24, 1995, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, STATE OF CALIFORNIA, AS DOCUMENT NO 1995 0479823. TOGETHER WITH PARCEL C OF THAT CERTAIN CERTIFICATE OF COMPLIANCE RECORDED ON OCTOBER 24, 1995, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, STATE OF CALIFORNIA, AS DOCUMENT NO 19950479824.