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HomeMy WebLinkAboutSDP 16-18; RAF Group Raceway LLC; 2017-0235528; 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# 2017-0235528 1111111111111111111111111111111111111111111111111111111111111111111111 May 25, 2017 11 :01 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES $27.00 PAGES: 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE @SSOR'S PARCEL NO.: 221-881-15-00 PROJECT ID: SOP 16-18 ~~~-=~~~~~~--PROJECT NAME: Carlsbad Raceway Lot 12 HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 501-2A) for development to occur on property more particularly described as (see attached, Exhibit "A"), 1/We, RAF Group Raceway LLC, a Delaware limited liability company, 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 occurring during the construction work or improvements as specified in this agreement. 1 \IFILES01V\Departments\CED\LandDev\PROJECTS\SDPISDP 16\SDP 16-18 Distribute Lot 12 Shell Building-Bobbett\Bonds and Agreements\HOLD HARMLESS /5 Lf AGREEMENT DRAINAGE.doc 01/25/13 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. 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\PROJECTS\SDP\SDP 16\SDP 16-18 Distribute Lot 12 Shell Building-Bobbett\Bonds and Agreements\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 ' ' IN WITNESS WHEREOF, the undersigned has executed this instrument this 2J5 day of ------to:=t1J.+.p7-l-74(~k ____ , 2o_J--L] __ _ APPROVED AS TO FORM: CELIA BREWER City Attorney ByA~~or Assistant City Attorney City of Carlsbad OWNER(S) RAF Group Raceway LLC,a Delaware limited liability company By: RAF Pacifica Group-Dev nt Fund I, LLC, a California limited liability co Its Member By: (Sign Here) Adam Robinson, Manager (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 I\FILES01V\Departments\CED\LandDev\PROJECTSISDPISDP 16\SDP 16-18 Distribute Lot 12 Shell Building-Bobbett\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 i\ ~ -\ e f) n ) , On ~fiL\ "2.$, 2Dij beforeme,S:tbr:nq 2or: Nc:Lk61l~y,/tJiJ -kv PJb /. C Date Here Insert Name and Title of the Officer / personally appeared _._---'-'""""""'"""-'-'-~-+--=-"'---"""-"--'---~~""'-''-----11---------------- Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name~is/at"e­ subscribed to the within instrument and acknowledged to me that heisl'tel~executed the same in his~ authorized capacity(mS), and that by hisfheTitheir signature~ on the instrument the persorw, or the entity upon behalf of which the perso~ acted, executed the i~strument. ~~sA~AiO!:~ 1/.?"":fit:"").. Commission # 2060339 1:. I certify under PENALTY OF PERJURY under the laws of the State of Calif ia that the foregoing paragraph is true and correc :C Notary Public • Calilornia ~ z o· ,.,...-, > s z ' San 1ego ......... , .. ignaturr-._,&Vf-¥-....::..1<~'-f--M-----==......£__~t;.<:. ~~l'~~ .. ~~ ~oT'N*fi~sJ:r J;J~t Place Notary Sea/ Above -----------------------------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 Than Named Above: ____________ _ Capacity(ies) Claimed by Signer(s) Signer's Name:-------------Signer's Name: ____________ _ 0 Corporate Officer -Title(s): ______ _ 0 Corporate Officer -Title(s): ______ _ 0 Partner - 0 Limited 0 General 0 Partner - 0 Limited 0 General 0 Individual 0 Attorney in Fact 0 Individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Trustee D Guardian or Conservator 0 Other:-----·----·-----0 Other: _____________ __ Signer Is Representing: _________ _ Signer Is Representing: _________ _ ~~®~~§?O~®~i,<3®'§lffl'i#!iW~~~ ©2014 National Notary Association • www.NationaiNotary.org • 1-800-US NOTARY (1-80Q-876-6827) Item #5907 4 IIFILES01V\Departments\CED\LandDev\PROJECTS\SDPISDP 16\SDP 16-18 Distribute Lot 12 Shell Building-Bobbett\Bonds and Agreements\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 ............ ' ' I ' .. /' }"'/"' j 7<-/) (I" t: 'f. f1 I 0/r /-' p LEGAL DESCRIPTION The land referred to herein is situated in the State of California, County of San Diego, City of Carlsbad and described as follows: PARCELA1; Lot 12 of Carlsbad Raceway Carlsbad Tract No. 98-10, in the City of Carlsbad, County of San Diego, State of California, according to Final Subdivision Map No. 15013, filed in the Office of the County Recorder of San Diego County, California, on May 3, 2005. Parcel A2: Lots 13, 14 and 15, inclusive, Carlsbad Tract No. 98-10 Carlsbad Raceway, according to Map thereof No. 15013, in the City of Carlsbad, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, May 3, 2005 as Instrument No. 2005-0371022, of Official Records. Said property being described as Parcel "A" in Certificate of Compliance recorded August 27, 2007 as Instrument No. 2007-0568170, of Official Records. PARCEL B;, Reciprocal Easement for purposes disclosed in the Reciprocal Easement Agreement recorded June 13, 2003 as Instrument No. 2003-0701717 of Official Records. PARCEL C.;, Reciprocal easements in and to the Common area for purposes described in the Declaration Establishing Covenants, Conditions and Restrictions and Grants of Easement recorded October 24, 2005 as Instrument No. 2005-0917104 of Official Records. (End of Legal Description) APN: 221-881-06-00 & 221-881-16-00 THE MAP CONNECTED HEREWITH IS BEING PROVIDED AS A COURTESY AND FOR INFORMATIONAL PURPOSES ONLY; THIS MAP SHOULD NOT BE RELIED UPON. FURTHERMORE, THE PARCELS SET OUT ON THIS MAP MAY NOT COMPLY WITH LOCAL SUBDIVISION OR BUILDING ORDINANCES. STEWART ASSUMES NO LIABILITY, RESPONSIBILITY OR INDEMNIFICATION RELATED TO THE MAPS NOR ANY MATTERS CONCERNING THE CONTENTS OF OR ACCURACY OF THE MAP. File No.: 01180-249414 Prelim Report SCE Page 3 of10