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HomeMy WebLinkAboutSDP 2019-0012; RAF Pacifica Group-Real Estate Fund IV LLC; 2020-0482810; Hold Harmless Agreement/ReleaseDOC# 2020-0482810 II II II II III! 11111 II II II II Aug 25, 2020 11:02 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins: $0.00) PAGES: 6 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 212-093-05-00 & 212-093-12- 00 4 PROJECT ID: PROJECT NAME: SDP2019-0012 RAF Pacifica Group Fusion HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 523-3A) for development to occur on property more particularly described as (see attached, Exhibit "A"), I/VVe, RAF Pacifica Group — Real Estate Fund IV, LLC, a California limited liability company, for an undivided fifteen percent (15%), Arka Monterey Park, LLC, a Utah limited liability company, for an undivided sixty-seven percent (67%), and 170 Arrowhead Partners, LLC, a California limited liability company, for an undivided eighteen percent (18%), all as tenants in common, 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 1 QACED \LandDev \PROJECTS \PUD\PUD 19 \PUD2019-0007 RAF PACIFICA GROUP FUSION - CHUA \ES & 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 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. 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. HI HI 111 III II- QACED \LandDev \PROJECTS \PUD \PUD 19 \ PUD2019-0007 RAF PACIFICA GROUP FUSION - CHUA \B & A \HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 RON KEMP Assistant City Attorney City of Carlsbad IN WITNESS WHEREOF, the undersigned has executed this instrument this , 20 2-0 "Suly day of OWNER(S) RAF Pacifica Group — Real Estate Fund IV, LLC, a California limited liability company, for an undivided fifteen percent (15%), Arka Monterey Park, LLC, a Utah limited liability company, for an undivided sixty-seven percent (67%), and 170 Arrowhead Partners, LLC, a California limited liability company, for an undivided eighteen percent (18%), all as-t,nants in common By: Adam Robinson, Manager (Print Name and Title) Date: By: Lek; . ev- (Print Name and Title) Date: 1 I 7-9 1 2,o APPROVED AS TO FORM: CELIA BREWER City Attorney (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 Q: CED LandDev \ PROJECTS \ PUD PUD 19 \ PUD2019-0007 RAF PACIFICA GROUP FUSION - CHUA\B & A \ HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 EXHIBIT 'A' LEGAL DESCRIPTION Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: PARCEL A: LOT "A" AS SHOWN ON EXHIBIT "A" ON CERTIFICATE OF COMPLIANCE WITH CONDITIONS ADJUSTMENT PLAT NO. 395, AS EVIDENCED BY DOCUMENT RECORDED MARCH 05, 1990 AS INSTRUMENT NO. 1990-116039 OF OFFICIAL RECORDS PARCEL B: LOT 32 OF CARLSBAD TRACT NO. 81-46 UNIT NO. 2, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 11288, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 16, 1985. APN: 212-093-05 (Affects: Parcel B) & 212-093-12 (Affects: Parcel A) 1 of 1 MICHELLE A. SARNO Notary Public - California San Diego County Commission # 2228324 My Comm, Expires Jan 8,2022 Place Notary Seal and/or Stamp Above 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: DocumentDate: Number of Pages. Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: D Corporate Officer - Title(s): O Partner -o Limited 0 General O Individual o Attorney In Fact O Trustee o Guardian or Conservator 0 Other: Signer Is Representing: Signer's Name: 0 Corporate Officer - Title(s). O Partner - 0 Limited 0 General O Individual o Attorney In Fact O Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 WiliNksistioNistimmustmew 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 -,.-(1.0t e On \\ \1 All 2-0 before me PA( CIACA1,-e- • GOA- r\l) koQ Date Here Insert Name and Title of the Officer personally appeared Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(S) whose name Oar subscribed to the within Instrument and acknowledged to me thakLe/sh,e/th6y executed the same In 15/14r/thAir authorized capacity(l0), and that bes/heir/thOr signaturea on the Instrument the person(), or the entity upon behalf of which the person(4 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. Signature Signature of Notary Public ©2019 National Notary Association 4 QACED\LandDev\PROJECTS\PUD\PUD 19 \PUD2019-0007 RAF PACIFICA GROUP FUSION - CHUMS & AHOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 4.11181M181190 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 .2)(I4\ \-)\-C , On JUV 21))...1 2...1-kirt 1- LiDefore me \Va. /01/4-E i.J.-e, 1...-A , Qirvvt , ti 1\411--tv , Date Here Insect Name and Title of the Officer (--. \ personally appeared `_,, 1----eAJLE_O, (•=j,_,“)..k-6 Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the erson whose name si. r subscribed to the within Instrument and acknowledged to me thatEeish /th y executed the same i hF/tir authorized capacity s), and that by his/hpritheir signature) on the Instrument the person , or the entity upon behalf of which the persontg) acted; executed the Instrument. MICHELLE A. SARNO Notary Public - California San Diego County Commission if 2228324 My Comm, Exoires Jan 8,2O22 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 Place Notary Seal and/or Stamp Above 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: Signer's Name: 0 Corporate Officer — Title(s): o Corporate Officer — Title(s): O Partner — 0 Limited o General 0 Partner — ci Limited o General O Individual 0 Attorney in Fact 0 Individual o Attorney in Fact O Trustee o Guardian or Conservator 0 Trustee o Guardian or Conservator 0 Other: 0 Other: Signer Is Representing: Signer Is Representing: ©2019 National Notary Association 4 ()ACED\ LandDev \ PROJECTS \PUD\PUD 19 \ PUD2019-0007 RAF PACIFICA GROUP FUSION - CHUA\B & ANHOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13