Loading...
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 1 H:\Development Services\PROJECTS\SDP FILES\SDP 97-07B La Costa Plaza - JimenoVBonds and AgreementsVHOLD HARMLESS AGREEMENT DRAINAGE(379-9C) doc 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 H:\Development Services\PROJECTS\SDP FILESVSDP 97-078 La Costa Plaza - Jimeno\Bonds and Agreements\HOLD HARMLESS AGREEMENT DRAINAGE(379-9C) doc 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 H:\Development Services\PROJECTS\SDP FILES\SDP 97-07B La Costa Plaza - Jimeno\Bonds and Agreements\HOLD HARMLESS AGREEMENT DRAINAGE(379-9C).doc 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. 4 H:\Development Services\PROJECTS\SDP FILESVSDP 97-07B La Costa Plaza - Jimeno\Bonds and AgreementsMHOLD HARMLESS AGREEMENT DRAINAGE(379-9C).doc