HomeMy WebLinkAboutPD 07-01; Callaway Golf Company; 2007-0712720; Hold Harmless Agreement/ReleaseDOC# 2007-0712720
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RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
NOV09, 2007 10:49 AM
OFFICIAL RE CORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREG 0 RY J S MIT H. CO U N TY Fl E CO R 0 E R
FEES: 1600
PAGES:
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.: 212-070-25
PROJECT NO. & NAME: PD 07-01
Callaway Golf Parking Structure
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City's approval of a drainage plan (DWG 449-5A) for
development to occur on property described as (see attached, Exhibit "A"), according to Map
thereof No. APN 212-070-25, I/We, Callaway Golf Company, a Delaware corporation, 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
H:\Development Services\PROJECTS\PD FILES\PD 07\PD 07-01 Callaway HQ Parking Structure - Jimeno\Bonds and AgreementsVHOLD HARMLESS AGREEMENT
DRAINAGE(DWG 449-5Aj.doc
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.
IN WITNESS WHEREOF, the undersigned has executed this instrument this
day of ^Ofu-rTCf^ 2Qrf7^
PROPERTY OWNERS
Callawav Golf Company, a Delaware corporation
By:
Date:
(Print Name and Title)
By: A
1 (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
Deputy City Attorny
H:\Development Services\PROJECTS\PD FILES\PD 07\PD 07-01 Callaway HQ Parking Structure - Jimeno\Bonds and Agreements\HOLD HARMLESS AGREEMENT
DRAINAGE(DWG 449-5A).doc
State of California
County of San Diego
On \rV\/0")
(Date)
personally appeared
before me,
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(Name, Title\!f Officer)
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(proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowledged to me that -he/she/they
executed the same in bts/herftheir authorized capacity(ies), and that by Ns/herflheir
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
Sigfaature\>f Notary
(This area for
official notary seal)
Title or Type of Document V^<\ V-\cL/T°n
Date of Document \O / V /0~1
Signer(s) other than named above
^S (\er«7v> JL TV-x^:
No. of Pages ^X.
H:\Development Services\MASTERS\B&A\HOLD HARMLESS AGREEMENT DRAINAGE.doc
EXHIBIT "A"
Real property in the City of Carlsbad, County of San Diego, State of California, described as
follows:
PARCEL "B" AND PARCEL "C" OF ADJ 303, CE 403 PER CERTIFICATE OF COMPLIANCE
DOCUMENT NO. 85-415646, RECORDED NOVEMBER 5, 1985, IN THE CITY OF CARLSBAD,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL "B"; THENCE ALONG THE
NORTHERLY LINE OF SAID PARCEL "B", SOUTH 70°11'22" EAST 323.05 FEET; THENCE SOUTH
87°05'09" EAST 332.80 FEET TO THE NORTHWEST CORNER OF SAID PARCEL "C"; THENCE
CONTINUING SOUTH 87°05'09" WEST 126.31 FEET; THENCE NORTH 08°43'38" EAST 15.64
FEET TO A POINT IN THE NORTH LINE OF LOT 9 OF CARLSBAD TRACT NO. 81-10, UNIT 2,
ACCORDING TO MAP NO. 10330 AS FILED IN THE COUNTY RECORDER OF SAN DIEGO COUNTY,
FEBRUARY 18, 1982 AND AS ESTABLISHED PER CERTIFICATE OF COMPLIANCE RECORDED
NOVEMBER 14, 1984 AS DOCUMENT NO. 84-429574 OF OFFICIAL RECORDS AND RECORD OF
SURVEY MAP NO. 10028; THENCE ALONG SAID NORTH LINE OF LOT 9, NORTH 82°20'30" EAST
70.59 FEET; THENCE LEAVING SAID NORTH LINE, ALONG THE EAST LINE OF SAID PARCEL "C"
SOUTH 14°58'58" EAST 405.32 FEET TO A POINT IN THE SOUTH LINE OF SAID PARCEL "C"
ALSO BEING THE NORTHERLY LINE OF RUTHERFORD ROAD (72.00 FET WIDE); THENCE
SOUTHWESTERLY ALONG SAID NORTHERLY LINE OF RUTHERFORD ROAD, SOUTH 75°01'02"
WEST 323.04 FEET TO THE BEGINNING OF CURVE, CONCAVE NORTHERLY, HAVING A RADIUS
OF 864.00 FEET; THENCE WESTERLY ALONG SAID CURVE 516.49 FEET THROUGH A CENTRAL
ANGLE OF 34°15'01"; THENCE NORTH 70°43'57" WEST 328.47 FEET TO THE BEGINNING OF A
CURVE, CONCAVE NORTHEASTERLY HAVING A RADIUS OF 564.00 FEET; THENCE
NORTHWESTERLY ALONG SAID CURVE 6.22 FEET THROUGH A CENTRAL ANGLE OF 00°37'56";
THENCE LEAVING SAID NORTHERLY LINE OF RUTHERFORD ROAD, NORTH 23°28'08" EAST
494.42 FEET TO THE POINT OF BEGINNING.
SAID PROPERTY BEING DESCRIBED IN A CERTIFICATE OF COMPLIANCE RECORDED MAY 12,
1998 AS INSTRUMENT NO. 1998-0276731 OF OFFICIAL RECORDS.
APN: 212-070-25-00