HomeMy WebLinkAboutSDP 15-10; APG Carlsbad I, LLC; 2016-0015566; 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# 2016-0015566
I lllllllllllllllllllllllll 1/lllllllllllllllllllllllllll/llllllllll Ill/
Jan 13, 2016 03:40 PM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES: $27.00
PAGES: 5
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.: ----:2:-::0--=9-_12:-::0--1--=-0 _____ _
PROJECT ID: SDP 15-10
----~----~~~-----PROJECT NAME: Carlsbad Oaks North ----------------------
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City's approval of a drainage plan (DWG 489-4A) for
development to occur on property more particularly described as (see attached, Exhibit "A"),
1/We, APG Carlsbad I, LLC, SR 22 Carlsbad Oaks Distribution, LLC, and PRE IV C Oaks, LLC
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
\IFILES01V\Departments\CED\LandDev\PROJECTS\SDP\SDP 15\SDP 15-10 Carlsbas Oaks-Tecla\B & AIHOLD 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\DepartmentsiCEDILandDev\PROJECTS\SDPISDP 15\SDP 15-10 Carlsbas Oaks-Tecla\B &AIHOLD HARMLESS AGREEMENT DRAINAGE.doc
01/25/13
IN WITNESS WHEREOF, the undersigned has executed this instrument this ___,t:....._:
1
__
day of____.,~_,_) f::I-6~0..!..JLw..~...x' ---\;o".........-=..::::::::.... _____ , 20 1 6
V OWNER(S)
APPROVED AS TO FORM:
CELIA BREWER
City Attorney
Byw~
RON KEMP
Assistant City Attorney
City of Carlsbad
APG Carlsbad I, LLC, a California limited liability company,
SR22 Carlsbad Oaks Distribution, LLC, a California limited liability
company, and,
PRE IV C Oaks, LLC, a California limited liability company;
as Tenants-In-Common
By: SR22 Carlsbad Oaks Distribution, LLC,
a California limited liability company, .... ~
Title: Managing Tenant ",, .• --#~ J,,.,//
~~ ,;fP',/' //-,~ ,, ,/""/"/~P'~<>"'J~f". __ -··
/ 17/i / ~/ ~-------By: ( fl,;;;/ / / c;'f I
\,.,/ , / f/ (Sign Here)
;l,/
AdamS. Robinson, Manager, SR 22 Carlsbad Oaks Distribution,
LLC, a California limited liability company
/
. (Print Name and Title)
Date: \ _&} /b
u 8
(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
\IFILES01V\Departments\CED\LandDev\PROJECTSISDPISDP 15\SDP 15-10 Carlsbas Oaks-Tecla\B & AIHOLD HARMLESS AGREEMENT DRAINAGE. doc
01/25/13
Z..)lhi\oit ''A II
LEGAL DESCRIPTION
Order Number: NCS-728411-SD
Page Number: 9
Real property in the City of Carlsbad, County of San Diego, State of California, described as
follows:
PARCEL A:
LOT 13 OF CARLSBAD TRACT NO. 97-13-02, CARLSBAD OAKS NORTH PHASE 2, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF
NO. 15505, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
JANUARY 23, 2007 AS DOCUMENT 2007-0047588 OF OFFICIAL RECORDS.
PARCEL B:
NON-EXCLUSIVE EASEMENTS FOR PEDESTRIAN INGRESS AND EGRESS, BRUSH MANAGEMENT
AND DRAINAGE OVER THE COMMON AREAS AS SET FORTH AND SUBJECT TO THE TERMS AND
PROVISIONS CONTAINED IN THAT CERTAIN "DECLARATION OF COVENANTS, CONDITIONS
AND RESTRICTIONS FOR CARLSBAD OAKS NORTH BUSINESS PARK" RECORDED FEBRUARY 5,
2007 AS INSTRUMENT NO. 2007-0081082 OF OFFICIAL RECORDS.
APN: 209-120-10-00
First American 77t/e Insurance Company