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DOCtt 2013-045
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255
NAME
ADDRESS
CITY&
STATE
61195750-03
RECORDING REQUESTED BY
CiTY OF CARLSBAD
AND WHEN RECORDED MAIL TO
City Clerl<
1200 Carlsbad Village Drive
Carlsbad, CA 92008
JUL 19, 2013 10:08 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
Ernest J. Dronenburg, Jr., COUNTY RECORDER
FEES: 22.00
PAGES:
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
AGREEMENT REGARDING INDEIVINIFICATION OBLIGATIONS
Vulcan Wireless, Inc.
Pursuant to the terms of certain recorded restrictions against the property known as and
described more particulariy as 2218 Faraday Avenue, Carisbad, CA 92008, more formally
described in Exhibit "A" attached hereto (the "Property"), including, without limitation, those
certain Hold Harmless Agreements recorded as Instruments 1997-0040539, 2004-0980133,
2004-0980134, 2005-0624278, and 2005-0624279, Emerald Shores, LLC, and its successors
and assigns, have certain indemnification obligations associated with use and maintenance of
the Property (the "Indemnification Obligations").
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 sale, deed in iieu or othen^/ise, as a result of the exercise of remedies associated with
the lien of any mortgage or deed of trust made in good faith and for value, the City shall waive
such Indemnification Obligations as to the SBA only, but such Indemnification Obligations shall
be binding upon and effective against any subsequent purchaser of the Property or any interest
therein. Any such waiver shall be effective only to the extent that SBA does not use or operate
the Property for any use other than holding title to the Property and/or seeking a subsequent
purchaser.
CITY OF CARLSBAD, a municipal corporation of
the State of California
By:
K. VAN PESKI, P.E.
City Engineer
APPROVED AS TO FORM:
CELIA BREWER
City Attorney
MOBALDI
'Assistant City Attorney
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of Califomia
County of Sav\ Q
On G?/tO/l^ before me, gectslicc Fenian A-e2->, AJo-hay-y PuUUc.^
(Here insert name and title of the officer)
personally appeared
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.
CECELIA FERNANOEZ
Commission # 1996355
Nottry Public • Cilifornit
Stn Oitoo County
My Comm. Exprtt Oct 30.2016^
WITNESS my hand and official seal.
Signature of Notary Public (Notary Seal)
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)
• Attorney-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 Califomia. In such instances, any alternative
acknowledgment 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
California (i.e. certifying the authorized capacity of the signer). Please check 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) personally 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.
be/she/theyr is /are) or circling the correct forms. Failure to correctly indicate this
infomiation 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 signer. 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 vl2.10.07 800-873-9865 www.NotaryClasses.com
Exhibit "A"
Legal Description
All that certain real property situated in the County of San Diego, State of California, described as
follows:
Parcel A:
Lot 2 of Carisbad Tract CT 05-08, in the City of Carisbad, County of San Diego, State of California,
according to the Map thereof No. 15333 filed in the Office of the County Recorder of San Diego
County May 3, 2006.
Parcel B:
Non-exclusive, perpetual easement for ingress and egress by vehicular and pedestrian traffic and
vehicle parking upon, over, across, along and through the "Common Area" forthe benefit ofthe
owner, present and future and their respective successors and assigns, tenants, customers and
invitees, together with a non-exclusive easement for access ways, ingress and egress and
enjoyment of the "Common Area" and other areas improved as sidewalks, trash or recycle
enclosures, and "lunch areas" and similar improvements and for surface drainage as created, set
forth, defined, described and granted in that certain "Declaration of Covenants, Conditions and
Restrictions and Reciprocal Easement Agreement (and Joint Use Parking Agreement)" recorded May
3, 2006 as Instrument No. 2006-0312067 of Official Records.
APN: 212-260-02-00