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HomeMy WebLinkAboutSDP 2017-0005; Build to Suit Limited LP; 2018-0228791; 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# 2018-0228791 111111111111 lllll 111111111111111 lllll lllll 1111111111111111111111111111 Jun 06, 2018 02:16 PM OFFICIAL RECORDS Ernest J Dronen burg, Jr, SAN DIEGO COUNTY RECORDER FEES $0 00 (SB2 Atkins $0.00) PAGES 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 209-120-22-00 ------------PROJECT ID: SDP 2017-0005 PROJECT NAME: Reynolds Lot 20 HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 508-2A) and improvement plan (DWG 508-2A) for development to occur on property more particularly described as (see attached, Exhibit "A"), I/We, Build to Suit Limited, LP, a California limited partnership, 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 \\FILES01V\Departments\CED\LandDev\PROJECTS\SDP\SDP 17\SDP2017-0005-Reynolds Lot 20-Levy\Bonds and Agreements\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 IC, ,, 1C' 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 \\FILES01V\Departments\CED\LandDev\PROJECTS\SDP\SDP 17\SDP2017--0005-Reynolds Lot 20-Levy\Bonds and Agreements\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01125113 IN WITNESS WHEREOF, the undersigned has executed this instrument this I b~ day of __ ~,__..;;.......;;. ________ , 20 i %' j APPROVED AS TO FORM: CELIA BREWER City Attorney By: J RON KEMP Assistant City Attorney City of Carlsbad OWNER(S) Build to Suit Limited, LP,,..p California limited partnership \Ai'~~~~ K~ ...... +-\~"t>l~ C* I ~' > ~ -f'~ By: Date: By: Date: (Sign Here) Jeffrey C. Hamann, President (Print Name and Title) (Sign Here) (Print Name and Title) (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 \\FILES01 V\Departments\CED\LandDev\PROJECTS\SDP\SDP 17\SDP2017--0005-Reynolds Lot 20-Levy\Bonds and Agreements\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 •:0:0:11:u:§:~ 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 s~d._:0-i -k~ On ____ ':)_·-"~\ i~lp--+'(l~q, __ before me, L ~;_,i,.__o.~!s(fr---. , Na~ ~~ · 0 Date ,-.--rr,,. Here Insert Name and ~he Officer personally appeared -------~_e_-tTY_;__u~~--c_, -~-'---____ t_i')_l'"'"'I _________ _ Mme(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person,4.t-whose nam~ is/afe subscribed to the within instrument and acknowledged to me that he/sh8 11bev executed the same in his/~ir authorized capacity(~ and that by his/1,eiltl ,ei, signature(.ertln the instrument the perso~ or the entity upon behalf of which the perso~cted, executed the instrument. rt CCC C Ca •tR7C~~8aa: a a al a Notary Public -Clllfornla i S111 Diego COUftly I z Commlulon ti 2163629 ... J. •••• ,MJ :o:"1 t=e :·, t3.2i2&I Place Notary Seal and/or Stamp 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 ________________ _ Signature of Notary Public 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: o Corporate Officer -Title(s): ______ _ o Partner -D Limited D General D Individual D Attorney in Fact o Trustee o Guardian of Conservator o Other: Signer is Representing: _________ _ ©2017 National Notary Association Signer's Name: D Corporate Officer -Title(s): ______ _ o Partner -D Limited D General D Individual D Trustee D Other: D Attorney in Fact D Guardian of Conservator Signer is Representing: _________ _ LEGAL DESCRIPTION Order Number: NCS-863810-5D Page Number: 9 Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: LOT 20 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. APN: 209-120-22-00 First American Title Insurance Company