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HomeMy WebLinkAboutAMEND 2017-0026; LC Investment 2010 LLC; 2019-0061107; 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# 2019-0061107 111111111111 lllll 11111111111111111111111111111111111111111111111111111 Feb 21, 2019 08:30 AM OFFICIAL RECORDS Ernest J. Dronenburg, 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.: 216-590-05-00 216-590-08-00 216-590-09-00 PROJECT ID: _A_M_E_N_D_2_0_1-7--0-02_6 ___ _ ROJECT NAME: Omni La Costa Resort HOLD HARMLESS AGREEMENT DRAINAGE Ballroom Expansion In consideration of the City's approval of a drainage plan (DWG 514-6A) for development to occur on property more particularly described as (see attached, Exhibit "A"), I/We, LC Investment 2010, LLC, 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. Q:ICED\LandDev\PROJECTS\AMENDIAMEND2017\AMEND2017-0026-Omni La Costa Ballroom-Levy\Bonds and Agreements\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 I 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 Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill 2 I\FILES01V\DepartmentslCED\LandDev\PROJECTSIAMENDIAMEND2017\AMEND2017-0026-Omni La Costa Ballroom-Levy\Bonds and Agreements\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 ' IN WITNESS WHEREOF, the undersigned has executed this instrument this _i_o ___ day of De,'-fl'\,<---, 20 , o . APPROVED AS TO FORM: CELIA BREWER City Attorney By J<ZP~ ½~ RON KEMP Assistant City Attorney City of Carlsbad OWNER(S) LC Investment 2010, LLC, a Delaware limited liability company By: Omni La Costa Resort & Spa, LLC, a Delaware limited liability company, its sole member By: Omni Hotels Holding Corporation, a Delaware corporation, its sole member By: (Sign Here) W. Kurt Alexander, Chief Financial Officer, Vice President, Treasurer Date: By: .... - Date: (Print Name and Title) 0 ~~0(vatti (Sign Here) /) (Print Name and Title) I I (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 \\FILES01V\Departments\CED\LandDev\PROJECTS\AMEND\AMEND2017\AMEND2017-0026-Omni La Costa Ballroom-Levy\Bonds and Agreements\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 .. 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 Gelifo:, ,I~ ~Xt<i )) L' ,.,, 1 ,(c,f\ Iv\ , l=i,12J)y Nda fll Pub/L-- County of ~~ lA.vv , , '/ On 1A) ('i,\ 4} \9tit°' before me, VtJ ~tt~ 6\IDQl V1 Ji>(., b0 , ~ate fl I i;;ere Insert NR':1e and Title of the Officer personally appeared __ \f'J__,,__-'-•-· _.W---'-'_W_t'_~f;\,lll;~~\('.~C~l~V~l~lt,V~'-✓ _________ _ Name(s) of Signer(s) "~uek. A TQfiS Or/~5, 11(!'/\Sc. ' who proved to me on the basis of satisfactory evidencei 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. Place Notary Seal Above I certify under PENAL TY OF PERJURY under the laws of the State of Calif,0mia that the foregoing paragraph is true and correct. ~ ~ WITNESS my hand and official seal. ~ Signature ~OJJ/lJ/,p~ 1Yl · ~ Signature of Notary Pub · ---------------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: ____________ _ □ Corporate Officer -Title(s): ______ _ □ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General □ Partner -□ Limited □ General □ Individual □ Attorney in Fact □ Individual □ Attorney in Fact □ Trustee □ Guardian or Conservator □ Trustee □ Guardian or Conservator □Other: ______________ _ □ 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 IIFILES01V\Departments\CED\LandDev\PROJECTSIAMENDIAMEND2017\AMEND2017-0026-Omni La Costa Ballroom-Levy\Bonds and Agreements\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 ( .,. EXHIBIT 'A' LEGAL DESCRIPTION PORTIONS OF PARCELS 6, 17, AND 18 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO MAP THEREOF NO. 14984 RECORDED MARCH 18, 2005 AS FILE NO. 2005-0224598. APN: 216-590-05-00 216-590-08-00 216-590-09-00