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HomeMy WebLinkAboutCD 2019-0020; XHR Carlsbad LLC; 2020-0154356; Hold Harmless Agreement/ReleaseJ. RECORDING 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# 2020-0154356 111111111111 lllll 111111111111111 lllll lllll lllll lllll 111111111111111111 Mar 25, 2020 12:39 PM OFFICIAL RECORDS Ernest J Dronen burg Jr SAN DIEGO COUNTY RECORDER FEES $O OO (SB2 Atkins $0.00) PAGES 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 215-750-01-00 -----------PROJECT ID: CD 2019-0020 PROJECT NAME: Pacific Rim (Park Hyatt) HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 313-SE) for development to occur on property more particularly described as (see attached, Exhibit "A"), I/We, XHR Carlsbad, 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. It is further agreed that the above owner(s) will maintain all drainage systems to insure a 1 Q:ICED\LandDev\PROJECTSICDICD 20191CD2019-0020 Pacific Rim (Park Hyatt) -Rick\B&AIHOLD HARMLESS AGREEMENT DRAINAGE.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. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill 2 Q:ICED\LandDev\PROJECTSICDICD 2019\CD2019-0020 Pacific Rim (Park Hyatt) -Rick\B&A\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this \3.--tl-. f e.br-UOJ'J , 20 zo . day of OWNER(S) XHR Carlsbad, LLC. A Delaware Limited Liability Company bf X4-\-fo1~P ~~~~~o-{~n i"\d.. plVf-N-rJ...'r ,ts b~ ·-)( ~ i2..GP c. lac Go'1)cm,$o" ; tk~~ APPROVED AS TO FORM: CELIA BREWER City Attorney By: _ij_o-8-b~EM-~--~~- Assistant City Attorney City of Carlsbad By: Joseph T. Johnson -Senior Vice President (Print Name and Title) Date: *~/zo?:o By: (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.) 3 Q:ICED\LandDev\PROJECTS\CD\CD 2019\CD2019-0020 Pacific Rim (Park Hyatt)-Rick\B&AIHOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 STATE OF FLORIDA COUNTY OF ORANGE The foregoing instrument was acknowledged before me by means of ~ physical presence or □ online notarization, this 13th day of February, 2020, by Joseph T. Johnson as Senior Vice President of XHR GP, Inc., a Delaware corporation, general partner of XHR LP, a Delaware limited partnership as sole member of XHR Carlsbad LLC, a Delaware limited liability company on behalf of the company, who ~ is personally known to me or who ( ) produced as identification. (Notary .. s~e;,.;,a~I) _________ __ __..-~~~--CAROLMCKNIGHT : ~-\ • Commlsalon # FF 991085 .•. ·•• \~. ~§ Explm June 18, 2020 '•1,,,, , , ;.·· BondtdlllNT-Falnl11111rance800-385-7011 'lutf1 J•I Notary Public Signature Printed Name: Carol Mc My Commission Expires: /Exhibit A The Land referrelto herein below is situated in the City of Carlsbad, County of San Diego, State of California, and is described as follows: LOT 1 OF CITY OF CARLSBAD TRACT NO. 95-02, UNIT 1 PLANNING AREA 2A AND A PORTION OF 2B, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 13335, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUN1Y, JUNE 13, 1996. For conveyancing purposes only: APN 215-750-01-00