HomeMy WebLinkAboutPD 2021-0018; ARE-SD Region No. 71 Holding LLC; 2021-0661547; 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# 2021-0661547
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Sep 20, 2021 11 :11 AM
OFFICIAL RECORDS
Ernest J. Oronenburg, 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.: ___::2c..c..12:::....-~0:::....62:::....-..::...08.:.__ _____ _
PROJECT ID: __:_P--=D--=2..::...0:::....21.;,...-:::....00;;...1:....:8'--'-------
PROJECT NAME: QUIDEL T.I. --'-----------
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City's approval of a drainage plan (DWG CBC2021-0111) for
development to occur on property more particularly described as (see attached, Exhibit "A"),
I/We, ARE-SD Region No. 71 Holding, 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.
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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 syste!l'ls 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 '2-LP day of
f\\}~\)S\-, 20 'L\ .
OWNER(S)
ARE-SD Region No. 71 Holding, LLC,
a Delaware limited liability company
By: ARE-SD REGION NO. 71 , LLC,
a Delaware limited liability company,
Its managing member
By: Alexandria Real Estate Equities, LP.,
a Delaware limited partnership,
Its managing member
By: ARE-QRS Corp., a Maryland corporation,
Its gener I partner
neral Counsel and Secreta
--u,,rint Name and Title)
Date: 9l2LP( z,,
By: ---------------------
APPROVED AS TO FORM:
CELIA BREWER
City Attorney By w MP ~
Assistant City Attorney
City of Carlsbad
(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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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 Los Angeles
)
)
On August 26, 2021 before me, Rachel Earle, Notary Public , personally appeared
Jackie Clem , 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 California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signatuie
EXHIBIT A:
PROJECT LEGAL DESCRIPTION
LOT 16 OF CARLSBAD TRACT NO. 81-10, UNIT NO. 1, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO.10330, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, FEBRUARY 18, 1982.