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HomeMy WebLinkAboutMS 13-07; Pivotal 650 California St., LLC; 2014-0200617; 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 DOCtt 2014-0200G17 If 11 MAY 15, 2014 4:59 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Erne" J Dronenbuig. Jr. COUNTY RECORDER FEES: 30.00 PAGES: 6 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 213-261-01,02, 03&04 PROJECT ID: MS 13-07 PROJECT NAME: ViaSat Building 10 at Bressi Ranch RELATED PROJECT ID: HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan(s) (DWG 480-2A) for development to occur on property more particularly described as (see attached. Exhibit "A"), We, Pivotal 650 Califomia St., LLC, the owners 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:\CED\LandDev\PROJECTS\MS\MS 13\MS 13-07 Viasa. Expansion - RicWB & WHOLD HARMLESS AGREEMENT DRAINAGE (DWG 480-2A),doo 01/26/13 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. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// Q;\CED\Lai ,ndDev\PROJECTS\MS\MS 13\MS 13-07 Viasa. Expansion - Rick\B & WHOLD HARMLESS AGREEMENT DRAINAGE (DWG 480-2A),doc 01/25/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this dayof n^\rV .20/^/ OWNER(S) Pivotal 650 California St., LLC, an Arizona Limited Liability Company By: Levine Investments Limited Partnership, an Arizona Limited Partnership, its Sole Member By: Keim Inc., an Arizon Partner By: ration, its General Date: By: (Sign Here) William S. Levine, Chairman (Print Name and Title) (Sign Here) Date: (Print Name and Title) APPROVED AS TO FORM: CELIA BREWER City Attorney By RON KEMP \ Assistant City Attorney (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 empowenng the officer(s) signing to bind the corporation.) QACED\LandDev\PROJECTS\MS\MS 13\MS 13-07 Viasa. Expansion - RicWB & AVHOLD HARMLESS AGREEMENT DRAINAGE (DWG 480-2A).doc 01/26/13 CALIFORNIA ALL-PURPOSE ACKNOl^^ State ofrSaWonTOT- County of _Jllln:£^!22fl } rnnntynf y^^iy^^''^ _ J O nn AtHi7('T^ o^^^ ^ before me I^UMC^ fhLOr^ On yrnnU^ ' ' : ^firi UeiUiemtS, 1— here insert Name and Title c ' Date * . i , personally appeared Here Insert Name and Title of the Officer Name(s) of Slgner(s) Olficof ' -FiCiAL SEAL R'o -A ^OSASTIUC MoUii / ^'. 1 ,. State of Arizona -•'^A COUNTY ; . r.>s July 11,2015 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/sheAhey 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 Gatifenro that the foregoing paragraph is true and correct.^'^'^'"^^ WITNESS my hand and official seal. Place Notarv Seal Above Signature OPTIONAL - signature of Notary Public Though the information below is not required by law It may prove valuable to Pf'^o^^'^ly'l'lZlnl and could prevent fraudulent removal and reattachment of this form to another 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: ___ n Individual • Corporate Officer — Title(s): — • Partner — • Umited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other; . RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer Is Representing: Signer's Name: • Individual • Corporate Officer —Title(s): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHTTHUMBPRINT OESIGNER Top of thumb here © 2007 National Notary Association • 9350 De Soto Ave., P.O.Bai<2402.Chalsworth,CA 91313-2402-vmw.NationalNotary.org ltem#5907 Reorder Call Toll-Ftee 1-800-876-6827 lACED\LandDev\PROJECTS\MS\MS 13\MS 13-07 Viasat Expansion - RickVB & MHOLD HARMLESS AGREEMENT DRAINAGE (DWG 480-2A),doc 01/26/13 EXHIBIT A LOTS 10,11,12 AND 13 OF CARLSBAD TRACT CT 02-15 BRESSI RANCH, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 14960, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 04, 2005. GOVERNMENT CODE 27361.7 I CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS: Nameof the Notary: Commission Number: ^JJ A- Date Commission Expires: 7-/ /-/Q County Where Bond is Filed: Manufacturer or Vendor Number: ^ jf^ (Located on both sides ofthe notary seal border) Signature: Citv of Carlsbad Place of Execution: Office of the Citv Clerk/Citv of Carlsbad Date: i-'n-rc/ Rec. Form #R10 (Rev.7/96)