HomeMy WebLinkAboutCUP 91-03C; Palomar Airport Partners LLC; 2024-0048188; 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
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Feb 27, 2024 11 :08 AM
OFFICIAL RECORDS JORDAN Z. MARKS, SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins: $0.00)
PAQES: e5
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.: 213-092-17-00 _;;;;.�.;:..:.;::.....;_;___:_.;;.__ ____ _PROJECT ID: _C..:..;U=-.;P__;:_91-"--=03:..:C:...__ ____ _
l /I PROJECT NAME: BP/Arco Facility 5792 �'°'
HOLDHARMLESS AGREEMENT DRAINAGE
In consideration of the City's approval of a drainage plan (DWG 541-3A) development to
occur on the property more particularly described as (see attached, Exhibit "A"), I/We, Palomar
Airport Partners, 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 ether 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.
It is further agreed that the above owner(s) will maintain all drainage systems to insure a
Q·\CEO\Admin\B&AIPROJECTSICUP 91-03C: GR2023-0002 • BP Arco Facility 5792_A.Mcl\HOLO HARMLESS AGREEMENT ORAINAGE.doc 01/25/13
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.
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Q:ICED\Admin\B&AIPROJECTSICUP 91-03C; GR2023-0002 -BP Atco Fac1l~y 5792_A.Mcl\HOLD HARMLESS AGREEMENT DRAINAGE.doc
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IN WITNESS WHEREOF, the undersigned has executed this instrument this ~day of
te b-t "'-f': 1-") , 202;1.
SEE ATTACHED
CAUFORN!A
ACKNOWLEDGMENT
APPROVED AS TO FORM:
CINDIE MCMAHON
City Attorney
OWNER(S)
PALOMAR AIRPORT PARTNERS, LLC., a California
limited liability company
By:
(Sign Here)
Samir Salem -Managing Member
(Print Name and Title)
Date: 2 b / °2,<l L y ,
By:
(Sign Here)
(Print Name and Title)
Date:
frt~t
r ssistant City Attorney
City of Carlsbad
(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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Q:ICED\Admin\B&AIPROJECTSICUP 91-03C: GR2023-0002 • BP Arco Facil~y 5792_AMcLIHOLD HARMLESS AGREEMENT DRAINAGE.doc
01/25/13
ACKNOWLEDGMENT
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 DIEGO
On --~=------_}.___· ~;::__6_1......:::.......,4 __ befare me, J .GOM EZ, NOTARY PUBLIC
(insert name and title of the officer)
personally appeared So.. 'CC\, \--~c; Le (h..
who proved tome on the basis of satisfactory evidence to be the person(1.) whose name(i) is/cffe
subscribed to the within instrument and acknowledged to me that he/stk/thEW executed the same in
his/hdr/th~r authorized capacity(i~, and that by his/~r/t~ir signature(1) on the instrument the
person(~. or the entity upon behalf of which the person(s,(acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
• ~ J. GOMEZ I ••••• COM~~Sl
M • ~res~ I MyWftYARY 1: l126 J
(Seal)
EXHIBIT "A"
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CARLSBAD, IN THE COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
LOT 17 OF CARLSBAD TRAGT 73-49, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, ACCORDING TO MAP NO. 8418, FILED IN THE OFFICE OF THE COUNTY RECORDER
OF SAN DIEGO COUNTY, NOVEMBER 19, 1976.
APN: 213-092-17-00