HomeMy WebLinkAbout; ; 2013-0451254; Property0 RECORDING REQUESTED BY
NAME
ADDRESS
CITY&
STATE
61983850-02
AND WHEN RECORDED MAIL TO
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Drive
Carlsbad, CA 92008
Moxie Enterprises, inc. (SPACE ABOVE THIS LINE FOR RECORDER'S USE)
AGREEMENT REGARDING INDEIVINIFICATION OBLIGATIONS
Pursuant to the terms of certain recorded restrictions against the property known as and
described more particularly as 6179 Et Camino Real, Carisbad, CA 92009, more formally
described in Exhibit "A" attached hereto (the "Property"), including, without limitation, those
certain Hold Harmless Agreements recorded as Instrument Nos. 1998-0698831, 1998-0698832,
and 2002-0375708, and the Encroachment Agreement recorded as Instrument No. 2003-
1486887, HE JAAMMS Holdings, LLC, and its successors and assigns, have certain
indemnification obligafions associated with use and maintenance of the Property (the
"Indemnification Obtigations").
Notwithstanding the foregoing, the City of Carisbad (the "City") agrees that if the United
States Small Business Administration ("SBA") shall obtain titie to the Property by foreclosure,
trustee's sate, deed in lieu or othenA/ise, as a result of the exercise of remedies associated with
the tien of any mortgage or deed of trust made in good faith and for value, the City shalt waive
such Indemnification Obligations as fo the SBA only, but such Indemnificafion Obligafions shall
be binding upon and efl'ective against any subsequent purchaser of the Property or any interest
therein. Any such waiver shall be eff'ective onty to the extent that SBA does not use or operate
the Property for any use other than holding titie to the Property and/or seeking a subsequent
purchaser.
DOCtt 2013-0451254
iniiiiiiiiiiiiiiiniiiii
JUL 19, 2013 10:08 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
Ernest J. Dronenburg, Jr., COUNTY RECORDER
FEES: 22.00
PAGES:
II
Dated: 2013
City of Carisbad, California
By:
Name/ :^S0'0 £, ^i,U>CiiT
Titie: <AA^iolt. ^AJ^iiOtE^
APPROVED AS TO FORM:
Jity Attorney
Date:
Exhibit "A"
Legal Description
Real property in the City of Carisbad, County of San Diego, State of California, described as
follows:
PARCEL A:
LOT 8 OF THE CITY OF CARLSBAD TRACT NO. 01-08 IN THE CITY OF CARLSBAD, COUNTY OF
SAN DIEGO. STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 14377, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 26, 2002.
PARCEL B:
THOSE CERTAIN EASEMENTS CREATED BY AND DEFINED IN THE DECLARATION OF
EASEMENTS AND DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
RECORDED JUNE 22, 2000, AS FILE NO. 2000-0329407 AS AMENDED BY THAT CERTAIN
AMENDMENT OF DECLARATION OF EASEMENTS AND DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS RECORDED FEBRUARY 232, 2001, AS FILE NO. 2001-0103533
AND FURTHER MODIFIED BY THAT CERTAIN COVENANT FOR EASEMENT RECORDED MARCH 5,
2002, AS FILE NO. 2002-0185728 AND AS AMENDED BY THAT CERTAIN SECOND AMENDMENT
OF DECLARATION OF EASEMENTS AND DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS RECORDED MAY 1, 2002, AS FILE NO. 2002-0370416, ALL OF OFFICIAL
RECORDS.
APN: 213-100-20-00
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of Califomia
County of Sa/\ t^yW^o
On 7/1//3 beforeme, O.tTC'GKa f'€VVi/i\A.k^. M Q•h^ry 9ola\\0..
(Here insert name and title of the^fficer)
personally appeared v^^^^j^ S. ^ cj-^vf ,
who 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 the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
CECELIA FERNANOEZ
Commistion # 1996355
Nottry Public - CtUfornii
Signature of Notary Public (Notary Seal)
MyComm.ExpirttOct30.2016l
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
(Title or description of attached document)
(Title or description of attached document continued)
Number of Pages Document Date
(Additional information)
CAPACITY CLAIMED BY THE SIGNER
• Individual (s)
• Corporate Officer
(Title)
• Partner(s)
• Attomey-in-Fact
• Trustee(s)
• Other
INSTRUCTIONS FOR COMPLETING THIS FORM
Any acknowledgment completed in Califomia must contain verbiage exactly as
appears above in the notary section or a separate acknowledgment form must be
properly completed and attached to that document. The only exception is if a
document is to be recorded outside of California. In such instances, any alternative
aclcnowledgment verbiage as may be printed on such a document so long as the
verbiage does not require the notary to do something that is illegal for a notary in
Califomia (i.e. certifying the authorized capacity of the signer). Please checii the
document carefully for proper notarial wording and attach this form if required.
• State and County information must be the State and County where the document
signer(s) personailly appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the signer(s) personally appeared which
must also be the same date the acknowledgment is completed.
• The notary public must print his or her name as it appears within his or her
commission followed by a comma and then your title (notary public).
• Print the name(s) of document signer(s) who personally appear at the time of
notarization.
• Indicate the correct singular or plural forms by crossing off incorrect forms (i.e.
he/she/they, is /are) or circling the correct forms. Failure to correctly indicate this
information may lead to rejection of document recording.
• The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges, re-seal if a
sufficient area permits, otherwise complete a different acknowledgment form.
• Signature of the notary public must match the signature on file with the office of
the county clerk.
• Additional information is not required but could help to ensure this
acknowledgment is not misused or attached to a different document.
• Indicate title or type of attached document, number of pages and date.
• Indicate the capacity claimed by the sigrier. If the claimed capacity is a
corporate officer, indicate the title (i.e. CEO, CFO, Secretary).
• Securely attach this document to the signed document
2008 Version CAPA v 12.10.07 800-873-9865 www.NotaryClasses.com