HomeMy WebLinkAboutSDP 97-07B; Grant Tucker Properties; 2007-0262798; Hold Harmless Agreement/Release8792
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
DQC# 2007-0262798
APR 18, 2007 11:55 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
G R E G 0 RY J. S MIT H CO LI N T Y R E CD R D E R
FEES: 16 no
PAGES: 4
2007-0262798
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.: 216-580-07
PROJECT NO. & NAME: SDP 97-07(B)
La Costa Plaza - Parcel 7
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City's approval of a drainage plan (DWG 379-9C) for
development to occur on property described as (see attached, Exhibit "A"), according to Map
thereof No. APN 216-580-07, I/We, Grant Tucker Properties, a California limited liability
company, 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
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8793
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 A^^^VP^ 2uW .
PROPERTY OWNERS
Grant TuckejJProperties, a California limited liability
companx
(Sign Here)
Steven P. Grant, Managing Member
(Print Name and Title)
JL
(Sign Here)
Larry Tucker, Managing Member
(Print Name and Title)
Date:II
(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:
Deputy City Attorney
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8794
State of California
County
On
'(Dajfe)
personally appeared .
before me,Q fl>. kJQ
(Name, Title of'Officer)
(Name[s] of Signer[s])
personally known to me -OR - D
(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 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
Signature\of Notary
AHOMt A. HANCOCK
CommMon*lU64S9
Notoy Pubic-Cotfomta
Orang* County
My Comm. &f*MJun 10.20M
(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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8795
EXHIBIT "A"
Legal Description
Lot 7 of Carlsbad Track No. 97-09, La Costa Lucky Sav-on Shopping Center
#121-283, in the City of Carlsbad, County of San Diego, State of California,
according to Map thereof No. 14038, filed in the Office of the County Recorder of
San Diego County, September 15, 2000.
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