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HomeMy WebLinkAboutCT 16-03; Beach Village Life 1 LLC; 2018-0327249; 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# 2018-0327249 11111111111111111111111111111111111111111111111 IIIII IIIII IIIII IIII IIII Aug 09, 2018 02:47 PM OFFICIAL RECORDS Ernest J_ Dronen burg, 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.: 203-173-02-00 J!P PROJECT ID: _C_T1_6_-0_3 _____ _ PROJECT NAME: Beach Village Life HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 508-9A) and improvement plan (DWG 508-9) for development to occur on property more particularly described as (see attached, Exhibit "A"), I/We, Beach Village Life 1, 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. 1 \\FILES01V\Departments\CED\LandDev\PROJECTS\CT\CT 16\CT 16-03 Beach Village Life 1 Mixed Use -Bobbett, Riddle now Rick\B&A\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 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 \IFILES01V\DepartmentslCEDILandDev\PROJECTSICl\CT 16\CT 16-03 Beach Village Life 1 Mixed Use -Bobbett. Riddle now Rick\B&AIHOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this day of ___ .L..H__,__tl.......;..,1-i::--------' 20 \~ APPROVED AS TO FORM: CELIA BREWER City Attorney By DJ).g (/1;,,Q_ , RONKEM~1 Assistant City Attorney City of Carlsbad OWNER(S) Beach Village Life 1, LLC, a Delaware limited liability company By: Date: By: Date: (Sign Here)_ William H. Davidson, President (Print Name and Title) (Sign Here) (Print Name and Title) (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 I\FILES01V\DepartmentslCED\LandDev\PROJECTSICTICT 16\CT 16-03 Beach Village Life 1 Mixed Use -Bobbett, Riddle now R1ck\B&AIHOLD HARMLESS AGREEMENT DRAINAGE doc 01/25/13 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 California ) County of 5A:1m~ J ) / On ~ f"k't 'U' Vt before me,--~~-___ 'tfl-_.s_i'---1)r-----','_:114_· _1"j~_{2w;,_. LA,'-'---- date ,,, ,. Here Insect Name and Title of the Officer personally appeared ____ __.w<--------'i~vV~~~-q-¼---.J24-J;«-'--'-/)_r_ .. ~ ___________ _ NameptJ of Signer/If) who proved to me on the basis of satisfactory evidence to be the person~ whose name(;) is/a~ subscribed to the within instrument and acknowledged to me that he/sh€1/tl]jify executed the same in his/~r~eir authorized capacity(i~). and that by his/~r/th~fr signature~ on tt-(e f nstrument the person(~. dr the entity upon behalf of whicn the person-'6) acted, executed the instrument. Place Notary Seal Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ----------------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: ____________ _ D Corporate Officer -Title(s): ______ _ D Corporate Officer -Title(s): ______ _ D Partner -D Limited D General D Partner -D Limited D General D Individual D Attorney in Fact D Individual D Attorney in Fact D Trustee D Guardian or Conservator D Trustee D Guardian or Conservator D Other: ________________ _ D 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 \\FILES01V\Departments\CED\LandDev\PROJECTS\CT\CT 16\CT 16-03 Beach Village Life 1 Mixed Use -Bobbett, Riddle now Rick\B&A\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 EXHIBIT A LEGAL DESCRIPTION Order Number: DIV-5430321 Page Number: 5 Real property in the City of Carlsbad, County of San Diego, State of california, described as follows: THE NORTHWESTERLY 60 FEET OF BLOCK 10, OF THE TOWN OF CARLSBAD, CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 365, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 2, 1887. EXCEPTING THEREFROM THE NORTHEASTERLY 110 FEET THEREOF. ALSO EXCEPTING THEREFROM THE SOUTHWESTERLY 129.00 FEET THEREOF. ALSO EXCEPTING THEREFROM THE RIGHT TO GRANT AND TRANSFER ALL OR A PORTION OF THE SAME, WITHOUT ANY RIGHT OF SURFACE ENTRY, AS FOLLOWS: A. ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL GAS RIGHTS AND RIGHTS TO ALL OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN, TO ALL GEOTHERMAL HEAT AND TO ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING THAT MAY BE WITHIN OR UNDER THE PROPERTY (COLLECTIVELY, "SUBSURFACE RESOURCES"); AND B. ALL WATER RIGHTS OR INTERESTS IN WATER THAT MAY BE WITHIN, UNDER OR ON THE PROPERTY, WHETHER SUCH WATER RIGHTS ARE CHARACTERIZED AS RIPARIAN, OVERLYING, APPROPRIATIVE, PERCOLATING, PRESCRIPTIVE OR CONTRACTUAL, TOGETHER WITH THE RIGHT AND POWER OF GRANTOR (AND HIS SUCCESSORS/ASSIGNS) TO USE OR UTILIZE ON ANY OTHER PROPERTY OWNED OR LEASED BY GRANTOR, OR TO UTILIZE WATER FROM THE PROPERTY FOR ANY OTHER BENEFICIAL PURPOSE (INCLUDING, BUT NOT LIMITED TO, DISTRIBUTION OF WATER FROM THE PROPERTY TO THIRD PARTIES), ANY AND ALL WATER RIGHTS OR INTERESTS IN WATER ASSOCIATED WITH THE PROPERTY NO MATTER HOW SUCH RIGHTS WERE ACQUIRED OR WHETHER SUCH RIGHTS WERE PREVIOUSLY EXERCISED BY GRANTOR. APN: 203-173-02-00 First American Title Page 5 of 14