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Home My WebLink AboutSDP 16-02; Carlsbad Industrial Park LP; 2016-0460157; 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# 2016-0460157 1111111111111111111111111111111111111111111111111111111111111111111111 Sep 02, 2016 09:38AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES $000 PAGES 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: @ 221-881-17-00 221-881-18-00 PROJECTID: _S~D_P~16_-0~2~--~--~--- PROJECTNAME: _C~ar~ls_b~a_d_R_a_ce_w~a~y~L~o~t_1_6 __ __ HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 493-4A) for development to occur on property more particularly described as (see attached, Exhibit "A"), 1/We, Carlsbad Industrial Park, LP, 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\DepartmentsiCED\LandDev\PROJECTS\SDPISDP 16\SDP 16·02· Raceway Lot 16 Shell Building· 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 /II /II Ill /II /II /II Ill /II Ill Ill Ill /II Ill /II Ill Ill Ill /II 2 \IFILES01V\Departments\CED\Land0ev\PROJECTS\SDPISDP 16\SDP 16-02-Raceway Lot 16 Shell Building-Levy\Bonds and Agreemenls\HOLD HARMLESS AGREEMENT DRAINAGE doc 01/25/13 -.. IN WITNESS WHEREOF, the undersigned has executed this instrument this ___ _ APPROVED AS TO FORM: CELIA BREWER City Attorney 3 ByAIU~ RON KEMP Assistant City Attorney City of Carlsbad ' 20__:_/_~-- OWNER(S) Carlsbad Industrial Park, LP A Delaware limited partnership By: Carlsbad Development GP, LLC a California limited liability company, Its General Partner By: Badiee Development, Inc. a California corporatio , Its Mana~e~rc.-,...,.,...,....__ 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 0:\CED\LandDev\PROJECTS\SDP\SDP 16\SDP 16-02-Raceway Lot 16 Shell Building-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 __..:SO_. _,_,_'v·-..._,___:::::t;>--b«''-'-\fl~C=J'~-'-CJ.J----- On c1 ~ 3 I k before me, --'-"'""-'""""''-"'i'-"'--=::::.:.._-=-~----''--'-'"'-'-"""-=f----,/-"-""-=.L.L..-"''-- J Date Here Insert Name and Title of lhe personally appeared _,73"-·"""-'e_~~-'''-'-r'-""C.""'<·LI':::,•'-__ .L.TS_..~.!lCc...::-"-"...d:....l,_: .e{.=-"~· --------------- Name(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 signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. f . . DAWN tMso.. . I ie Commilllon NO. 2107121 n 0 NOTARY PUBUC.-CALIFORNIA I ~ SAN DIEGO COUNTY .. l Commission Expias April18, 2019 l . ~ . "' Place Nota1y Seal Above I certify under PENALTY 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 Ou..ec-#'\. k Signature of 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: _______________ Document Date: __________ _ Number of Pages: ____ Signer(s) Other Tha<1 Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: 0 Corporate Officer -Title(s): ______ _ 0 Partner - 0 Limited 0 General 0 Individual 0 Trustee D Other: 0 Attorney in Fact 0 Guardian or Conservator Signer Is Representing: _________ _ Signer's Name: 0 Corporate Officer -Title(s): ______ _ 0 Partner - 0 Limited D General 0 Individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: _________ _ W"&X>'§<)iYS@ig:)~~'§k'~.,~~~'&<~>§;o<;>'@"@i§Xf~~@tN@~'§k''@~'WJ'k<Y§~<$'t£<YG<;;ii:X'%~ @2014 National Notary Association • www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 4 IIFILES01V\Departments\CED\LandDev\PROJECTS\SDPISDP 16\SDP 16-02· Raceway Lot 16 Shell Building-Levy\Bonds and Agreements\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 Order Number: NCS-758424-SD Page Number: 10 ~ hi b t + )\ A , I cY: . LEGAL DESCRIPTION Real property in the City of Carlsbad, County of San Diego, State of california, described as follows: PARCEL A: LOT 16 OF CARLSBAD RACEWAY CARLSBAD TRACT NO. 98-10, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CAUFORNIA, ACCORDING TO FINAL SUBDIVISION MAP NO. J~QJ-~, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, CAUFORNIA, ON MAY 3, 2005. PARCEL B: AN EASEMENT FOR SIGN AREAS, STREET LANDSCAPING AREAS, INSPECTION AND ENFORCEMENT AND RE-ENTRY DESCRIBED IN THAT CERTAIN DECLARATION ESTABLISHING COVENANTS, CONDITIONS AND RESTRICTIONS AND GRANTS OF EASEMENTS FOR FENTON RACEWAY BUSINESS PARK RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON OCTOBER 24, 2005 AS INSTRUMENT NO. ~QQ2=Q2J]l_0_1 OF OFFICIAL RECORDS. APN: 221-881-17-00 and 221-881-18-00 First American Tttle Insurance Company