HomeMy WebLinkAboutPIP 93-02D; Callaway Golf Company; 2005-0721916; Hold Harmless Agreement/ReleaseRECORDING REQUESTED BY
WHEN RECORDED MAILTO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
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AUG 22,2005 459 PM
UFFICIAL RE CURDS
GREGUHi'.I SMITH COIJNT',' RECORDER
FEES CI 00 PAGE 5 3
Iiifl C'IEGO CUIJNT i' RECURDER'S CIFFICE
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SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.: 212-091-04-00,
21 2-091 -05-00
PROJECT NO. & NAME: PIP 93-02D
Callaway Golf Testing Facility
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City's approval of a drainage plan (DWG 336-3A) for
development to occur on property described as Lots 21 and 22 of Carlsbad Tract No. 81-46
Unit No. 1, in the City of Carlsbad, County of San Diego, State of California, according to Map
thereof No. 11 287, filed in the Office of the County Recorder of San Diego County, July 16,
1985, 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
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H:/Developmeni SeNiceslMastersfBonds & Agreeemnis/Hold Harmless Agreement Drainage Rev. 12/06/98
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.
cc, IN WITNESS WHEREOF, the undersigned has executed this instrument this 26
day of hRY ,20
PROPERTY OWNERS
Senior Executive Vice President and CFO
(Print Name and Title)
(Sign Here)
Steven C. McCracken
Secretary
(Print Name and Title)
Date: #e7 ti,
(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
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H:/Development Se~lces/Masiers/Bonds & AgreeemntslHold Harmless Agreement Drainage Rev. 12/08/98
State of California )
)
County of San Diego 1
I Signa tu re ofwta ry
before me, n?o~t-s quai 1
1 (Name, Title of Officer)
On C;&W
(Date)
JIUW C. hdr&
(Name[s] of Signer[s])
personally appeared BI'II~~ J. hlh old
n personally known to me -OR - n
(proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s)
Mare subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies), and that by his/her/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
(This area for
official notary seal)
Title or Type of Document
Date of Document No. of Pages
Signer(s) other than named above
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