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HomeMy WebLinkAboutMS 16-06; Carlsbad Village LLC; 2019-0583510; 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# 2019-0583510 111111111111 lllll 111111111111111111111111111111 IIIII IIIII IIIII IIII IIII Dec 13, 2019 12:09 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr, SAN DIEGO COUNTY RECORDER FEES $0.00 (SB2 Atkins $0.00) PAGES 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 203-320-48-00 203-320-49-00 PROJECT ID: MS 16-06 ------------PROJECT NAME: Carlsbad Village Lofts HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 515-5B) for development to occur on property more particularly described as (see attached, Exhibit "A"), I/We, Carlsbad Village, LLC, a California 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. 1 Q \CED\LandDevlPROJECTSIMS\MS 16\MS 16-06 Carlsbad Village Lofts -Bobbett, Rick\B & AIGR2019-0026 CVL PHASE 2 plans\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 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. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill 2 Q:ICED\LandDev\PROJECTSIMSIMS 16\MS 16-06 Carlsbad Village Lofts -Bobbett, Rick\B & A\GR2019-0026 CVL PHASE 2 plans\HOLD HARMLESS AGREEMENT DRAINAGE doc 01/25/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this _S_-+-_\.i_ day of Nt>✓.e.\V\~✓ , 20_1_°1 ___ _ APPROVED AS TO FORM: CELIA BREWER City Attorney By: Assistant City Attorney City of Carlsbad OWNER(S) Carlsbad Village, LLC, a California limited liability company By: Wermer Properties, a California corporation By: Date: By: Date: ·, \-,; \A.l\c..ol¼<o<,✓ (Sign Here) Richard Lemmel, CFO (Print Name and Title) 1t/s/1q (Sign Here) (Print Name and Title) (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.) 3 Q ICEDILandDevlPROJECTSIMSIMS 16\MS 16-06 Carlsbad Village Lofts -Bobbett, R1ck\B & AIGR2019-0026 CVL PHASE 2 plans\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 EXHIBIT A LEGAL DESCRIPTION Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: PARCEL 1: PARCEL A OF PARCEL MAP NO. 21619, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE COUNTY RECORDER OF SAN DIEGO COUNTY ON SEPTEMBER 12, 2018 AS FILE NO. 2018-7000347 OF OFFICIAL RECORDS. PARCEL 2: NON-EXCLUSIVE EASEMENTS FOR PEDESTRIAN AND VEHICULAR ROADWAY, RIGHT-OF-WAY, ACCESS, SERVICE AND INGRESS AND EGRESS PURPOSES OVER A PORTION OF PARCEL B OF PARCEL MAP NO. iJ.619, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE 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 CONTAIN IN THAT CERTAIN RECIPROCAL ROADWAY GRANT OF EASEMENT AND EASEMENT AGREEMENT RECORDED SEPTEMBER 14, 2018 AS INSTRUMENT NO. 2018-0384167 OF OFFICIAL RECORDS. APN: 203-320-32-00 (Portion) 203-320-39-00 (Portion) 203-320-43-00 (Portion) 203-320-44-00 (Portion) 203-320-45-00 (Portion) 203-320-46-00 (Portion) 203-320-47-00 (Portion) 203-320-48-00 (New APN, Not Yet Assessed) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 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 Oi-eqo on tJ<1vtrn\ztrs:1 1-01'1 before me, _ __,13___,,·,~n~h_,_N~Qf-LO =-e, _N~~+'\A~~+-i~n'-,J<-----N_p......._r ~,,_, ~p_u_l?_I l_<-___ _ Date Here Insert Name and Title of the Officer personally appeared --~\J..il:l.S!.vhbJcrn>'GCJcALil,,c'!f~rnQ.!.l<Y\~~~\L================---- Name~ of Signer(s) who proved to me on the basis of satisfactory evidence to be the person~ whose name~re subscribed to the within instrument and ackno~dged to me that @/she/they executed the';\~ in @her/their authorized capacity~ and that b~her/their signature~ on the instrument the person"(9),, or the entity upon behalf of which the person~ acted, executed the instrument. ~············~ 'i[~ lllNH NGOC NGUYEN €)' ""-,, , NOIMV Public · Callfornla 1 j · 1, ~ ~ SAn Dteyo County , ~ ' ' (Ollltf\lS\lon # 2241383 - • My Comm, Exptro, May 6, 2022 Place Notary Seal Above 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 ___ ..:.,P.fr'v~A------------- . s;Jhature of Notary Public ---------------OPTIONAL--------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: ______________ Document Date: ________ _ Number of Pages: ___ Signer{s) Other Than Named Above: ____________ _ Capacity{ies) Claimed by Signer(s) Signer's Name: ____________ _ Signer's Name: ____________ _ □ Corporate Officer -Title{s): ______ _ □ Corporate Officer -Title{s): ______ _ □ Partner -□ Limited □ General □ Partner -□ Limited □ General □ Individual □ Attorney in Fact □ Individual □ Attorney in Fact □ Trustee □ Guardian or Conservator □ Trustee □ Guardian or Conservator □Other: _____________ _ □ Other: ______________ _ Signer Is Representing: _________ _ Signer Is Representing: ________ _ ©2014 National Notary Association• www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 4 Q:ICED\LandDev\PROJECTSIMSIMS 16\MS 16-06 Carlsbad Village Lofts -Bobbett, Rick\B & AIGR2019-0026 CVL PHASE 2 planslHOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13