Loading...
HomeMy WebLinkAboutPD 2019-0019; Ionis Pharmaceuticals Inc; 2020-0112317; 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# 2020-0112318 111111111111 lllll 111111111111111111111111111111 IIIII IIIII IIIII IIII IIII Mar 04, 2020 11 :20 AM OFFICIAL RECORDS Ernest J Dronen burg, Jr, SAN DIEGO COUNTY RECORDER FEES $26.00 (SB2 Atkins $0.00) PAGES 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 209-120-20-00 & 209-120-27-00 PROJECT ID: PD 2019-0019 PROJECT NAME: lonis Pharmaceuticals HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 519-1) and improvement plan (DWG 519-1) for development to occur on that certain property more particularly described on Exhibit "A" attached hereto, lonis Pharmaceuticals, Inc., a Delaware corporation ("lonis"), as ground lessee of the Property, promises 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 Q:ICED\LandDev\PROJECTSIPDIPD 2019\PD2019-0019 lonis Pharmaceuticals -Chua\B&A\HOLD HARMLESS AGREEMENT DRAINAGE_lonis Legal Edits 10-24-19.docx 01125113 It is further agreed that lonis 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. Notwithstanding anything to the contrary contained herein, for so long as lonis holds the ground leasehold interest in the Property, lonis shall be solely responsible for all covenant, agreements and obligations (including, without limitation, indemnification of the City of Carlsbad, its officers, agents and employees) to be performed and/or satisfied by lonis. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill 2 Q \CED\LandDev\PROJECTSIPDIPD 2019\PD2019-0019 lonis Pharmaceuticals -Chua\B&AIHOLD HARMLESS AGREEMENT DRAINAGE lonis Legal Edrts 10-24-19.docx 01/25/13 - IN WITNESS WHEREOF, the undersigned has executed this instrument this .,X 6 day of 'Jpv'f!"k.,-...b{?f , 20 /Cj . APPROVED AS TO FORM: CELIA BREWER City Attorney Bywp~ Assistant City Attorney City of Carlsbad OWNER(S) lonis Pharmaceuticals, Inc., a Delaware corporation By: Elizabeth L. Hougen -CFO (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 O.ICED\LandDev\PROJECTSIPDIPD 2019\PD2019-0019 lorns Pharmaceuticals -ChualB&AIHOLD HARMLESS AGREEMENT DRAINAGE_lonis Legal Edits 10-24-19.docx 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 -......~ _,Q l E?',o On ~ ZS, U>I 'lbefore me, __Jif-L-""-'--'--""'----"'-~L..L::==....-==-~L......:...~==r--=-......,,.._..,.....,,,., Date personally appeared ~"-1 zA~ L. who proved to me on the basis of satisfactory evidence to be the person(J) whose name~ is/~ subscribed to the within instrument and acknowledged to me that ~she/t~ executed the same in bi!;/her/t~r authorized capacity(~. and that by ~her/tbt!ir signature(Slf on the instrument the person~. or the entity upon behalf of which the person~ 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. '"""""'" ~-~ Signatof Notary Public ---------------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: ~ ~\ ~ ~H• Document Date: fl z.~/Z.Otl__ Number of Pages: .3 t Ex Signer(s) Other Than Named Above: -~tJ~ONE~~--'------- Capacity(ies) Claimed by Signer(s) Signer's Name: E.\~~ L t\c4c.&;> !B'Corporate Officer -Title(s): -C-E~0~---- 0 Partner -D Limited D General □ Individual □ Attorney in Fact □ Trustee □ Guardian or Conservator D Other: ______________ _ Signer Is Representing: ____.\_.Q"'-"'t..),,,_\ .... :;o..,,_ ____ _ Si □ Trustee D Other: ------------------"'._ Signer Is Representing: ________ _ -~'g;,~'g;,'g;,~~~~~'g,'g;,'g,~~'g,~~~g,g;;,g,,g,~ ©2014 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 4 Q ICED\LandDev\PROJECTSIPDIPD 2019\PD2019-0019 lonis Pharmaceuticals -Chua\B&AIHOLD HARMLESS AGREEMENT DRAINAGE_lonis Legal Edits 10-24-19.docx 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: PARCEL 1 OF MINOR SUBDIVISION NO. 2018-0009 IONIS CARLSBAD CAMPUS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO PARCEL MAP NO. 21705 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON AUGUST 1, 2019 AS DOCUMENT NO. 2019-7000286 OF OFFICAL RECORDS.