HomeMy WebLinkAboutMS 16-06; Carlsbad Village Partners, LP; 2025-0115870; Hold Harmless Agreement/ReleaseRECORDING IS REQUESTED
FOR THE BENEFIT OF THE CITY OF
CARLSBAD
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA. 92008
DOC# 2025-0115870
I 1111111111111111111111111111111111111111111111111111111111111 IIII IIII
May 02, 2025 10:51 AM
OFFICIAL RECORDS
JORDAN Z. MARKS,
SAN DIEGO COUNTY RECORDER
FEES: $0.00 (S82 Atkins $0.00)
PAGES: 5
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO. : 203-320-39-00; 203-320-49-00;
203-320-50-00; 203-320-52-00
PROJECT ID: MS 16-06 -------------PROJECT NAME: Carlsbad Village Lofts
AMENDMENT TO HOLD HARMLESS AGREEMENT
GEOLOGICAL FAILURE
NOTICE IS HEREBY GIVEN that the hold harmless drainage agreement (Agreement} between the City of
Carlsbad and Carlsbad Village Partners, LP., a California limited partnership recorded on October 1,
2019, as Document No. 2019-0436243, is amended to replace the original Exhibit "A" legal description
with attached amended Exhibit "A" legal description. All other provisions of the Agreement are
unchanged and remain in effect.
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Q:\CED\Admin\B&AIPROJECTSIMS 16-06 -Cartsbad Village Lofts Replacement HH_D.R\HOLD HARMLESS GEOLOGICAL FAILURE AMENDMENT.doc 01/25/13
IN WITNESS WHEREOF, the undersigned has executed this instrument this ~ day of A pr I I , 20 2S.
APPROVED AS TO FORM:
CINDIE K. MCMAHON
City Attorney
OWNER 1:
Carlsbad Village Investors LP., a California limited partnership
By: Carlsbad Village Investors Gen par, LLC., a California limited
liability company, Its general partner
By: R&V Management Investment Corporation, a California
corporation, its Non-Member Manager
By: '~-4 (sign here) "'--
Scott Dale, President
(print name and title)
Date:
OWNER 2:
Wermers Carlsbad Village, LLC., a California limited liabi y company
By, By,Wecme,&EMaoage,
• (sign here)
Thomas W. Wermers -President
(print name and title)
Date:
By: ~ /l. tftH/thni.-
City Attorney
City of Carlsbad
(Proper notarial acknowledgment of execution by owner(s) must be attached)
(Chairman of the Board, President, or any Vice-President and Secretary, any Assistant Secretary, the Chief Financial
Officer, or any Assistant Treasurer must sign for corporations. If only one officer signs, the corporation must
attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer
to bind the corporation.)
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A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this ce1tificate is attached, and not the truthfulness,
accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF SAN DJEGO
)
)
On April 15, 2025, before me, Lesli Palmer, Notary Public, personally appeared Scott
Dale, who proved to me on the basis of satisfactory evidence to be the person whose
name is subscribed to the within instrument and acknowledged to me that he executed the
same in his authorized capacity, and that by his signature on the instrument the person, or the
entity upon behalf of which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
~••••••••••••r :9. Nota~~~~l~A~~!~rornla ( i ◄ San Dteao County >
• . Commission # 2469821 -\. £) /') • My Comm. Expires Nov 6, 2027
Signature __ ex __ .. _( __ IV~ _______________ (Seal)
WITN ESS my hand and official seal.
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O:ICED\Admin\B&A\PROJECTS\MS 16-06 -Ca~sbad Village Lolls Replacement HH_D.RIHOLD HARMLESS GEOLOGICAL FAILURE AMENDMENT.doc 01/25/13
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of San Diego
on April 18, 2025 before me Patrick Daniel McAllister, Notary Public '-------------------(insert name and title of the officer)
personally appeared ________ T_h_o_m_a_s_W_. _W_e_r_m_e_r_s ____________ _
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/aFe
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(+es), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature_~-----~--~---·---(Seal)
fjATRICK DANIEL MCALLISTEft i Noury Public , Callfomt.
2 San DI~10 County
Commission# 230342
My Comm. Explr~s Jan 4 026
EXHIBIT A
Legal Description:
PARCEL A OF PARCEL MAP NO. 21619, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STA TE OF CALIFORNIA,
FILED IN THE COUNTY RECORDER OF SAN DIEGO COUNTY ON
SEPTEMBER 12, 2018 AS FILE NO. 2018-7000347 OF OFFICIAL
RECORDS.
APN: 230-320-39-00; 230-320-49-00; 230-320-50-00; and 230-320-52-00
NONEXCLUSIVE EASEMENTS FOR PEDESTRIAN AND
VEHICULAR ROADWAY, RIGHT-OF-WAY, ACCESS, SERVICE
AND INGRESS AND EGRESS PURPOSES OVERA PORTION OF
PARCEL B OF PARCEL MAP NO. 21619, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, ST A TE OF CALIFORNIA,
FILED IN THE COUNTY RECORDER OF SAN DIEGO COUNTY ON
SEPTEMBER 12, 2018 AS FILE NO. 2018-7000347 OF OFFICIAL
RECORDS, SAID EASEMENTS ARE FULLY SET FORTH AND
SUBJECT TO THE TERMS AND PROVISIONS CONTAINED IN THAT
CERTAIN RECIPROCAL ROADWAY GRANT OF EASEMENTS AND
EASEMENT AGREEMENT RECORDED SEPTEMBER 14, 2018 AS
INSTRUMENT NO. 2018-0384167 OF OFFICIAL RECORDS.