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HomeMy WebLinkAboutSDP 2017-0002; Gateway Pacific View LLC; 2017-0557638; 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# 2017-0557638 111111111111 lllll 111111111111111111111111111111 IIIII IIIII IIIII IIII IIII Nov 30, 2017 02:52 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $27.00 PAGES: 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 209-120-25-00 PROJECT ID: _S_D_P_2_0_1-7--0-00_2 ____ _ 11 PROJECT NAME: Pacific Vista Commerce Center HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 505-48) for development to occur on property more particularly described as (see attached, Exhibit "A"), I/We, Gateway Pacific View, 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. 1 Q:ICED\LandDev\PROJECTSISDPISDP 17\SDP2017-0002 Pacific Vista Commerce Center-Levy\Bonds and Agreements\Precise Grading Plans DWG 505-4B\HOLD 1 / HARMLESS AGREEMENT DRAINAGE (Precise Grading Plans DWG 505-4B).doc 01/25/13 3 ~/ 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 /II Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill 2 Q:\CED\LandDev\PROJECTS\SDP\SDP 17\SDP2017-0002 Pacific Vista Commerce Center-Levy\Bonds and Agreements\Precise Grading Plans DWG 505-48\HOLD HARMLESS AGREEMENT DRAINAGE (Precise Grading Plans DWG 505-48).doc 01/25/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this /i fvt day of f)c7?J8L4<-. APPROVED AS TO FORM: CELIA BREWER City Attorney By KW.1 ~ RON KEMP Assistant City Attorney City of Carlsbad ,20 (7 OWNER(S) Gateway Pacific View, LLC, a Delaware limited liability company By: RREEF American, LLC, a Delaware limited liability company, Its Investment Advisor By: ~JtU Marvin F. Christensen, Managing Director, RREEF America, LLC (Print Name and Title) Date: 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.) 3 \IFILES01V\DepartmentslCED\LandDev\PROJECTSISDP\SDP 171SDP2017-0002 Pacific Vista Commerce Center-Levy\Bonds and Agreements\Precise Grading Plans DWG 505-4B\HOLD HARMLESS AGREEMENT DRAINAGE (Precise Grading Plans DWG 505-4B).doc 01/25/13 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 5/rv ~ .S: cO On OC-'10@e.a.... l~. -,u) (~re me, • 8?-v{~,v'J~.,...,...._-- Date Here Insert Name and Title of t e Officer personally appeared _,_M,----'-'#-M,v\~~W-=------+fF:-,~Of±:~~1'2-<.~Sit:JJ-1 ~-s~E.JJ~_"" _____ ___. __ _ i ________________ ...:..:N.;am=.;;;.e.i.::(s,_) o;;;.;f'""'S~i""gn;.:.:e:;:.r(:.i.::s,_) _______ ..,.,....--,--- ~ who proved to me on the basis of satisfactory evidence to be the person,{4' whose name~ is/as;e subscribed to the within instrument and acknowledged to me that he/si:le,'they executed the same in his~ authorized capacity(~. and that by his/bar.41:!eir signatur~on the instrument the persori(s); or the entity upon behalf of which the person~cted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph W.SLIGH Notary Public -California i> San Francisco County Commission# 2182352 My Comm. Expires Mars, 2021 Place Notary Sea/ Above is true and correct. ---------------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: ____________ _ D Corporate Officer -Title(s): ______ _ D Corporate Officer -Title(s): ______ _ D Partner -D Limited D General D Partner -D Limited D General D Individual D Attorney in Fact D Individual D Attorney in Fact D Trustee D Guardian or Conservator D Trustee D Guardian or Conservator D Other: ______________ _ D 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\PROJECTSISDP\SDP 17\SDP2017-0002 Pacific Vista Commerce Center-Levy\Bonds and Agreements\Precise Grading Plans DWG 505-4B\HOLD HARMLESS AGREEMENT DRAINAGE (Precise Grading Plans DWG 505-4B),doc 01/25/13 LEGAL DESCRIPTION Order Number: NCS-846978-5D Page Number: 11 Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: LOT 23 OF CARLSBAD OAKS NORTH PHASE 3, IN THE CITY CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 16145, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 15, 2016. APN: 209-120-18-00 (PORTION) NEW APN: 209-120-25-00 (NOT YET ASSESSED) Rrst American Title Insurance Company