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HomeMy WebLinkAboutMS 2018-0009; Ionis Pharmaceuticals Inc; 2019-0126678; Hold Harmless Agreement/ReleaseI 6f 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# 2019-0126678 111111111111 lllll 111111111111111111111111111111 IIIII IIIII IIIII IIII IIII Apr 09, 2019 01 :49 PM OFFICIAL RECORDS Ernest J Dronenburg, Jr, SAN DIEGO COUNTY RECORDER FEES $0 00 (SB2 Atkins $0.00) PAGES 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASS~'S PARCEL NO.: _2_0_9_-1_20_-_2?_-_oo _____ _ 209-120-20-00 PROJECT ID: MS 2018-0009 (SDP 2018-0012) PROJECT NAME: lonis Pharmaceuticals ------------ HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 514-?A) and improvement plan (DWG 514-?A) for development to occur on property more particularly described as (see attached, Exhibit "A"), I/We, lonis Pharmaceuticals, Inc., a Delaware corporation, as to Parcel A; and lonis Gazelle, LLC, a Delaware limited liability company; as to Parcel B, 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 1 \\F ILES01 V\Oepartments\CED\LandDev\PROJECTS\SDP\SDP 18\SDP2018-0012 lonis Pharmaceuticals -Chua\B & A\HOLD HARMLESS AGREEMENT DRAINAGE doc 01/25/13 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 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 2 \\FILES01V\Departments\CED\LandDev\PROJECTSISDPISDP 18\SDP2018-0012 lonis Pharmaceuticals-Chua\B & AIHOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 ITNESS WHEREOF, the undersigned has executed this instrument this // day of · .20 I°! . ...........____ APPROVED AS TO FORM: CELIA BREWER City Attorney By~~ RONKeiw Assistant City Attorney City of Carlsbad OWNER(S) lonis Pharmaceuticals, Inc., a Delaware corporation, as to Parcel A; and lonis Gazelle, LLC, a Delaware limited liability company; as to Parcel B By: Elizabeth L. Hougen, CFO & Senior Vice President (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\Land□ev\PROJECTSISDPISDP 18\SDP2018-0012 lonis Pharmaceuticals -Chua\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 Sl\11'1 \J\e~o ) On fi\]{\;Mi \ \1(,,1 1 ZC,\,C\ before me, _ __._\t,_~~~<_f~W_\,L_~Qo~\JSL_· -------~ Date Here Insert Name and Title of the Officer personally appeared -~6,'-----\0.C.,"U\___,--=--\,_-t~~--\\o-\----'--=--\J-+~fl_V\~-------------- JName(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 slgnature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) 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. WITNESS my hand and official seal. Signature ~ ---------------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 Docu!\'ent Title or Type of Document: \,\o\o \·\i;h''W)\-t<;.S '.½,,m-•\)fCWlllgt_Document Date: ______ _ Number of Pages: S Signer(s) Other Than Named Above: ____________ _ Capacity(les) Claimed by Sign;(s) Signer's Name: E,\rz9\2(,}h ~e-1\ · ner's Name: ___________ _ ~Corporate Officer -Trtle(s): '€6 □ Co te Officer -Title(s): ______ _ □ Partner -□ Limited □ General □ Partner -'mited □ General □ Individual □ Attorney In Fact □ Individual □ Trustee □ Guardian or Conservator □ Trustee □Other:--------~-----□ Other: ------------=---- Signer Is Representing: AO'I)\:. fui>"'-0Clvb41 \s Signer Is Representing: --------'"'-;;::-- • ©2014 National Notary Association• www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 4 IIFILES01V\Departments\CED\Land0ev\PROJECTSISDPISDP 18\SDP2018-0012 lonis Pharmaceuticals· Chua\B & AIHOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 EXHIBIT 'A' LEGAL DESCRIPTION OF REAL PROPERTY Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: LOT 25 OF CARLSBAD TRACT NO. 97-13-03, CARLSBAD OAKS NORTH PHASE 3, ACCORDING TO MAP THEREOF NO. 16145, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, CALIFORNIA, ON OCTOBER 13, 2016 AS DOCUMENT 2016-7000438 OF OFFICIAL RECORDS; AND, PARCEL 'A' OF CERTIFICATE OF COMPLIANCE NO. ADJ 09-05 RECORDED JANUARY 19, 2010 AS INSTRUMENT NO. 2010-0024854 OF OFFICIAL RECORDS.