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HomeMy WebLinkAboutSDP 2019-0009; AG-SW Palomar Owner LP; 2020-0654479; Hold Harmless Agreement/ReleaseDOC# 2020-0654479 1111011111111111111111111101111111111111111 Oct 26, 2020 10:00 AM OFFICIAL RECORDS Ernest J. Dronenburg, 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.: PROJECT ID: PROJECT NAME: 213-050-39-00 SDP2019-0009 2051 Palomar Airport Road HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 205-1A ) for development to occur on property more particularly described as (see attached, Exhibit "A"), I/We, AG-SW Palomar Owner, LP, a Delaware 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. Q: \CED \ LandDev\ PROJECTS \SDP \ SDP 19 \SDP2019-0009 2051 Palomar Airport Rd - Levy\B & A\ HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 RECORDING 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 By: (Sign Here) IN WITNESS WHEREOF, the undersigned has executed this instrument this I day of A- ,20 OWNER(S) AG-SW Palomar Owner, LP, a Delaware Limited Partnership By: AG-SW Palomar GP, LLC, a Delaware Limited Liability Company, Its General Partner Louis Friedel, Vice President, AG-SW Palomar GP, LLC (Print Name and Title) Date: By: (Sign Here) (Print Name and Title) Date: APPROVED AS TO FORM: CELIA BREWER City Attorney By: RON KEMP Assistant City Attorney City of Carlsbad (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 QACED\LandDev \PROJECTS \SDP \SDP 19 \SDP2019-0009 2051 Palomar Airport Rd - Levy\B & A\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 0. LUTZ Notary Public - California Los Angeles County Commission #2325307 My Comm. Expires Apr 19, 2024 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: 0 Corporate Officer - Title(s): ▪ Partner - a Limited 0 General O individual a Attorney in Fact O Trustee a Guardian or Conservator 0 Other: Signer is Representing: Signer's Name: 0 Corporate Officer - Title(s): ci Partner - a Limited 0 General O Individual 0 Attorney in Fact O Trustee CI Guardian or Conservator a Other: Signer is Representing: CALIFORNIA 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 off L5 n c Its On 2' 1141 izo2,o before me, 0 d-Lt . 2- fit Vl/1 PLAb I C, Date Here Insert Name and Title of.thob Officer personally appeared LOVi'S Frie 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(les), 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. 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. Place Notary Seal and/or Stamp Above Signature f Notary Public ©2019 National Notary Association 4 Q:\CED\LandDev\PROJECTS\SOP\SDP 19 \SDP2019-0009 2051 Palomar Airport Rd - Levy\B & A\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL 1: PARCEL A OF PARCEL MAP NO. 9959, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 24, 1980 AS INSTRUMENT NO. 1980-139660 OFFICIAL RECORDS. PARCEL 2: AN EASEMENT AND RIGHT OF WAY FOR INGRESS AND EGRESS, ROAD AND UTILITY PURPOSES, INCLUDING BUT NOT LIMITED TO ELECTRIC POWER, TELEPHONE, GAS, WATER, SEWER AND CABLE TELEVISION LINES AND APPURTENANCES THERETO OVER, UNDER, ALONG AND ACROSS THAT PORTION DESIGNATED AND DELINEATED ON PARCEL MAP NO. 9959, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, APRIL 24, 1980 AS INSTRUMENT NO. 1980-139660 OFFICIAL RECORDS, AS 62 FOOT WIDE OFFER OF DEDICATION FOR PUBLIC STREET PURPOSES GRANTED IN THE DEED RECORDED MAY 06, 1980 AS INSTRUMENT NO. 1980-152009 OFFICIAL RECORDS. APN: 213-050-39-00