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HomeMy WebLinkAboutCUP 15-06; Royal Hospitality Carlsbad LLC; 2018-0040860; 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# 2018-0040860 111111111111 lllll 11111111111111111111111111111111111111111111111111111 Jan 31, 2018 04:20 PM OFFICIAL RECORDS Ernest J. Dronen burg, Jr , SAN DIEGO COUNTY RECORDER FEES: $101.00 (SB2 Atkins $75.00) PAGES 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 212-091-13-00 ------------/4 r,,,. PROJECT ID: _C_U_P_15_-_06 ______ _ ~ PROJECT NAME: Home2 Carlsbad Suites HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 498-9A) for development to occur on property more particularly described as (see attached, Exhibit "A"), I/We, Royal Hospitality Carlsbad, 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 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 \IFILES01V\Departments\CED\LandDev\PROJECTSICUPICUP 15\CUP 15-06-Home 2 Carlsbad Suite-Levy\Bonds and Agreements\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 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 Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill 2 \IFILES01V\Departments\CED\LandDev\PROJECTSICUPICUP 15\CUP 15-06 -Home 2 Carlsbad Suite-Levy\Bonds and Agreements\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 )J_J IN WITNESS WHEREOF, the undersigned has executed this instrument th:Z. ___ _ day of ~)l~ , 20_{_8' __ _ OWNER(S) Royal Hospitality Carlsbad, LLC, a California limited liability APPROVED AS TO FORM: CELIA BREWER City Attorney By~% Assistant City Attorney City of Carlsbad Koong Cho, Managing Member (Print Name and Title) Date: 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 IIFILES01V\Departments\CED\LandDev\PROJECTSICUPICUP 15\CUP 15-06 -Home 2 Carlsbad Suite-Levy\Bonds and Agreements\HOLD 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 omJ n· 4f v ) On ._:1',,u,atv .J., .2,Ql 8" before me. Je11q>e ,U/1 Yd' &~ .A.Jdc,z (it,j/,'{ .r Date LI Here ln?ert Name a a Title of t e Officer personally appeared ----KO()lltf C,io .....J Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person~) whose name\s) is/ar\i subscribed to the within instrument and acknowledged to me that he/Slil..e/t~y executed the same in his~/tQ.eir authorized capacity(i~), and that by his~rlt\eir signature~) on the instrument the person\5), or the entity upon behalf of which the person~ 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. WITNESS my hand and o Place Notary Seal Above ---------------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 Documpnt A,. i l)( a~ n.lP ~ Title or Type of Document:)/p/cL Ha1111/eg W'~Jlllh Docum~ Date: ~/¥,iJ11 ~ 2.oltf Number of Pages: 4 Signer(s) Other Than Named Above: -~~_._...~n~--Ki-.......~----=---T __ _ Capacity(ies) Claimed by Sign,er(s) Signer's Name: ~ Cit D Signer's Name: ____________ _ D Corporate Offi;;;= .iitle(s): _______ D Corporate Officer -Title(s): ______ _ D Partner -D Limited D General D Partner -D Limited D Gene D Individual D Individual D Attor 4 Trustee D Trustee D ardian or Conservator )Cl Other: __1~~tf,jj"_.n__j__~{L'f!j'l!::..L_~~ D Other: _______________ _ Signer Is Repres ©2014 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 4 \\FILES01\/\Departments\CED\LandDev\PROJECTS\CUP\CUP 15\CUP 15-06 -Home 2 Carlsbad Suite-Levy\Bonds and Agreements\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 PARCEL A: EXHIBIT A LEGAL DESCRIPTION LOT 12 OF CARLSBAD TRACT NO. 81-46 UNIT NO. 1, IN mE CITY OF CARLSBAD, COUNTY OF SAN DIEGO,' STATE OF CALIFORNIA, ACCORDING TO MAP mEREOF NO. 11287, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 16, 1985. EXCEPTING THEREFROM SO PF;RCENT OF ALL OIL, MINERAL, GAS AND OTHER HYDROCARBON SUBSTANCES BEWW A DEPTH OF 500 FEET UNDER TOE REAL PROFERTY DESCRIBED 'ffiEREIN, WITHOUT THE RIGHT OF SURFACE ENTRY, AS RESERVED BY CARLSBAD PROPE'RTIES, A PARTNERSHIP, IN A DEED RECORDED JULY s, 1978 AS INSTRUMENT NO. 78-279136, OF omcIAL RECORDS. PARCEL 8: NON-EXCLUSIVE EASEMENTS FOR THE JNSTALLATION, REPA~ AND MAINTENANCE OF SANITARY SEWER, DRAINAGE FACIIJTIES AND WALKWAYS AND ALSO FOR AN EASEMENT OVER ALL ADJOINING UNITS AND THE COMMON AREA FOR THE PURPOSE OF ACCOMMODATING ANY ENCROACHMENT DUE TO ENGINEERING ERRORS IN ORIGINAL CONSTRUCTION, SETTLEMENT OR SHD"JING OF THE BUILDINGS, OR. ANY OTHER CAUSE, AS SET FORm DEFINED, DESCRIBED AND GR.ANTED IN THAT CERTAIN "DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS CARLSBAD AIRPORT CENTRE SAN DIEGO COUNTY, CALIFORNIA" RECORDED SEPTEMBER 12, 1986 AS INSTRUMENT NO. 86-4014S6, OF OFFICIAL RECORDS.