The URL can be used to link to this page

Home My WebLink AboutCD 2017-0013; AP Beacon Carlsbad LP; 2020-0460377; Hold Harmless Agreement/ReleaseDOC# 2020-0460377 111111111 1111111111111111111111111111111111111111111111111111 11 Aug 17, 2020 10:51 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins: $0.00) PAGES: 5 City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 216-124-16-00 216-124-17-00 PROJECT ID: CD 2017-0013 PROJECT NAME: The Beacon HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 510-4A) and improvement plan (DWG 510-4A) for development to occur on property more particularly described as (see attached, Exhibit "A"), I/We, AP Beacon Carlsbad, L.P., a Delaware limited partnership, 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 1 QACEDILandDev \ PROJECTS \ CD \CD 2017=2017-0013 The Beacon -Rick \ NOVATION AGREEMENT\ HOLD HARMLESS AGREEMENT DRAINAGE.doc RECORDING IS REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD WHEN RECORDED MAIL TO: 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 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 Q:\CED \ LandDev \ PROJECTS \CD \ CD 2017 \CD2017-0013 The Beacon -Rick \ NOVATION AGREEMENTAHOLD HARMLESS AGREEMENT DRAINAGE.doc IN WITNESS WHEREOF, the undersigned has executed this instrument this çI day of ttkil , 203- L.) OWNER(S) AP Beacon Carlsbad, L.P., a Delaware limited partnership By: (Sign Here) Sam E. Judd, Managing Partner (Print Name and Title) Date: By: (Sign Here) (Print Name and Title) Date: APPROVED AS TO FORM: CELIA BREWER City Attorney By: ILU— RON KEMP Assistant 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.) 3 Q: \GED LandDev\ PROJECTS \CD \CD 2017 \CD2017-0013 The Beacon -Rick \ NOVATION AGREEMENTAHOLD HARMLESS AGREEMENT DRAINAGE.doc ame and Title of th Officer CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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-earirornia 06-1441 01A2A-1116-' ) County of 41-104.11 is, ao ao before Date personally appeared Name(s) of Signer(s) 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 corr ct. On WITNESS — 4: d and , # ci - eal. ), a i I I A - /.21111 !IQ t Signature of •tary Public p Or O Sign atu c22(7\3 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: O Corporate Officer — Title(s): 0 Partner — 0 Limited LI General 1=1 Individual 0 Attorney in Fact El Trustee El Guardian or Conservator El Other: Signer Is Representing: Signer's Name: Corporate Officer — Title(s): 10 Partner — 0 Limited El General 1E1 Individual U Attorney in Fact El Trustee 0 Guardian or Conservator 111 Other: Signer Is Representing: ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 EXHIBIT "A" The Land referred to in this policy is described as follows: Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: PARCEL A: PARCELS "B" AND "D" OF PARCEL MAP NO. 10283, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, ON JULY 30, 1980 AS FILE/PAGE NO. 80-240721, OF OFFICIAL RECORDS. PARCEL B: NON-EXCLUSIVE EASEMENTS FOR INGRESS AND EGRESS FOR VEHICULAR AND PEDESTRIAN TRAFFIC AND VEHICLE PARKING, PUBLIC UTILITIES, SIGNS AND OVERHANGS OVER, UNDER, ALONG AND ACROSS THE "COMMON AREA," AS DEFINED, CREATED, SET FORTH AND DESCRIBED IN THAT CERTAIN "DECLARATION OF ESTABLISHMENT OF PROTECTIVE COVENANTS, CONDITIONS AND RESTRICTIONS AND GRANT OF EASEMENTS" RECORDED SEPTEMBER 03, 1980 AS FILE NO. 80-282192 OF OFFICIAL RECORDS. APN: 216-124-16-00 and 216-124-17-00