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HomeMy WebLinkAbout; ; 2013-0451254; Property0 RECORDING REQUESTED BY NAME ADDRESS CITY& STATE 61983850-02 AND WHEN RECORDED MAIL TO City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, CA 92008 Moxie Enterprises, inc. (SPACE ABOVE THIS LINE FOR RECORDER'S USE) AGREEMENT REGARDING INDEIVINIFICATION OBLIGATIONS Pursuant to the terms of certain recorded restrictions against the property known as and described more particularly as 6179 Et Camino Real, Carisbad, CA 92009, more formally described in Exhibit "A" attached hereto (the "Property"), including, without limitation, those certain Hold Harmless Agreements recorded as Instrument Nos. 1998-0698831, 1998-0698832, and 2002-0375708, and the Encroachment Agreement recorded as Instrument No. 2003- 1486887, HE JAAMMS Holdings, LLC, and its successors and assigns, have certain indemnification obligafions associated with use and maintenance of the Property (the "Indemnification Obtigations"). Notwithstanding the foregoing, the City of Carisbad (the "City") agrees that if the United States Small Business Administration ("SBA") shall obtain titie to the Property by foreclosure, trustee's sate, deed in lieu or othenA/ise, as a result of the exercise of remedies associated with the tien of any mortgage or deed of trust made in good faith and for value, the City shalt waive such Indemnification Obligations as fo the SBA only, but such Indemnificafion Obligafions shall be binding upon and efl'ective against any subsequent purchaser of the Property or any interest therein. Any such waiver shall be eff'ective onty to the extent that SBA does not use or operate the Property for any use other than holding titie to the Property and/or seeking a subsequent purchaser. DOCtt 2013-0451254 iniiiiiiiiiiiiiiiniiiii JUL 19, 2013 10:08 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 22.00 PAGES: II Dated: 2013 City of Carisbad, California By: Name/ :^S0'0 £, ^i,U>CiiT Titie: <AA^iolt. ^AJ^iiOtE^ APPROVED AS TO FORM: Jity Attorney Date: Exhibit "A" Legal Description Real property in the City of Carisbad, County of San Diego, State of California, described as follows: PARCEL A: LOT 8 OF THE CITY OF CARLSBAD TRACT NO. 01-08 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO. STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 14377, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 26, 2002. PARCEL B: THOSE CERTAIN EASEMENTS CREATED BY AND DEFINED IN THE DECLARATION OF EASEMENTS AND DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS RECORDED JUNE 22, 2000, AS FILE NO. 2000-0329407 AS AMENDED BY THAT CERTAIN AMENDMENT OF DECLARATION OF EASEMENTS AND DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS RECORDED FEBRUARY 232, 2001, AS FILE NO. 2001-0103533 AND FURTHER MODIFIED BY THAT CERTAIN COVENANT FOR EASEMENT RECORDED MARCH 5, 2002, AS FILE NO. 2002-0185728 AND AS AMENDED BY THAT CERTAIN SECOND AMENDMENT OF DECLARATION OF EASEMENTS AND DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS RECORDED MAY 1, 2002, AS FILE NO. 2002-0370416, ALL OF OFFICIAL RECORDS. APN: 213-100-20-00 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of Califomia County of Sa/\ t^yW^o On 7/1//3 beforeme, O.tTC'GKa f'€VVi/i\A.k^. M Q•h^ry 9ola\\0.. (Here insert name and title of the^fficer) personally appeared v^^^^j^ S. ^ cj-^vf , 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. I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. CECELIA FERNANOEZ Commistion # 1996355 Nottry Public - CtUfornii Signature of Notary Public (Notary Seal) MyComm.ExpirttOct30.2016l ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER • Individual (s) • Corporate Officer (Title) • Partner(s) • Attomey-in-Fact • Trustee(s) • Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in Califomia must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative aclcnowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in Califomia (i.e. certifying the authorized capacity of the signer). Please checii the document carefully for proper notarial wording and attach this form if required. • State and County information must be the State and County where the document signer(s) personailly appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they, is /are) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. • Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. • Indicate title or type of attached document, number of pages and date. • Indicate the capacity claimed by the sigrier. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document 2008 Version CAPA v 12.10.07 800-873-9865 www.NotaryClasses.com