HomeMy WebLinkAboutCD 2019-0020; XHR Carlsbad LLC; 2020-0154356; Hold Harmless Agreement/ReleaseJ.
RECORDING 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# 2020-0154356
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Mar 25, 2020 12:39 PM
OFFICIAL RECORDS
Ernest J Dronen burg Jr
SAN DIEGO COUNTY RECORDER
FEES $O OO (SB2 Atkins $0.00)
PAGES 5
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.: 215-750-01-00 -----------PROJECT ID: CD 2019-0020
PROJECT NAME: Pacific Rim (Park Hyatt)
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City's approval of a drainage plan (DWG 313-SE) for
development to occur on property more particularly described as (see attached, Exhibit "A"),
I/We, XHR Carlsbad, LLC. A Delaware Limited Liability Company, the owner(s) 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
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
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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.
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IN WITNESS WHEREOF, the undersigned has executed this instrument this \3.--tl-. f e.br-UOJ'J , 20 zo .
day of
OWNER(S)
XHR Carlsbad, LLC. A Delaware Limited Liability Company
bf X4-\-fo1~P ~~~~~o-{~n i"\d.. plVf-N-rJ...'r ,ts
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APPROVED AS TO FORM:
CELIA BREWER
City Attorney
By: _ij_o-8-b~EM-~--~~-
Assistant City Attorney
City of Carlsbad
By:
Joseph T. Johnson -Senior Vice President
(Print Name and Title)
Date: *~/zo?:o
By:
(Sign Here)
(Print Name and Title)
Date:
(Proper notarial acknowledgment of execution by owner(s) 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.)
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STATE OF FLORIDA
COUNTY OF ORANGE
The foregoing instrument was acknowledged before me by means of ~ physical presence or
□ online notarization, this 13th day of February, 2020, by Joseph T. Johnson as Senior Vice
President of XHR GP, Inc., a Delaware corporation, general partner of XHR LP, a Delaware limited
partnership as sole member of XHR Carlsbad LLC, a Delaware limited liability company on behalf
of the company, who ~ is personally known to me or who ( ) produced as
identification.
(Notary .. s~e;,.;,a~I) _________ __
__..-~~~--CAROLMCKNIGHT
: ~-\ • Commlsalon # FF 991085 .•. ·••
\~. ~§ Explm June 18, 2020 '•1,,,, , , ;.·· BondtdlllNT-Falnl11111rance800-385-7011 'lutf1 J•I
Notary Public Signature
Printed Name: Carol Mc
My Commission Expires:
/Exhibit A
The Land referrelto herein below is situated in the City of Carlsbad, County of San Diego, State of California, and is
described as follows:
LOT 1 OF CITY OF CARLSBAD TRACT NO. 95-02, UNIT 1 PLANNING AREA 2A AND A PORTION OF 2B, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 13335, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUN1Y, JUNE 13, 1996.
For conveyancing purposes only: APN 215-750-01-00