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HomeMy WebLinkAbout; ; 2013-0451255; Property^^0 DOCtt 2013-045 llllllllllllllll lllllllllllllllllllllllllllllllllllllllllllll 255 NAME ADDRESS CITY& STATE 61195750-03 RECORDING REQUESTED BY CiTY OF CARLSBAD AND WHEN RECORDED MAIL TO City Clerl< 1200 Carlsbad Village Drive Carlsbad, CA 92008 JUL 19, 2013 10:08 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 22.00 PAGES: (SPACE ABOVE THIS LINE FOR RECORDER'S USE) AGREEMENT REGARDING INDEIVINIFICATION OBLIGATIONS Vulcan Wireless, Inc. Pursuant to the terms of certain recorded restrictions against the property known as and described more particulariy as 2218 Faraday Avenue, Carisbad, CA 92008, more formally described in Exhibit "A" attached hereto (the "Property"), including, without limitation, those certain Hold Harmless Agreements recorded as Instruments 1997-0040539, 2004-0980133, 2004-0980134, 2005-0624278, and 2005-0624279, Emerald Shores, LLC, and its successors and assigns, have certain indemnification obligations associated with use and maintenance of the Property (the "Indemnification Obligations"). 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 sale, deed in iieu or othen^/ise, as a result of the exercise of remedies associated with the lien of any mortgage or deed of trust made in good faith and for value, the City shall waive such Indemnification Obligations as to the SBA only, but such Indemnification Obligations shall be binding upon and effective against any subsequent purchaser of the Property or any interest therein. Any such waiver shall be effective only to the extent that SBA does not use or operate the Property for any use other than holding title to the Property and/or seeking a subsequent purchaser. CITY OF CARLSBAD, a municipal corporation of the State of California By: K. VAN PESKI, P.E. City Engineer APPROVED AS TO FORM: CELIA BREWER City Attorney MOBALDI 'Assistant City Attorney CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of Califomia County of Sav\ Q On G?/tO/l^ before me, gectslicc Fenian A-e2->, AJo-hay-y PuUUc.^ (Here insert name and title of the officer) personally appeared 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. CECELIA FERNANOEZ Commission # 1996355 Nottry Public • Cilifornit Stn Oitoo County My Comm. Exprtt Oct 30.2016^ WITNESS my hand and official seal. Signature of Notary Public (Notary Seal) 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) • Attorney-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 Califomia. In such instances, any alternative acknowledgment 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 California (i.e. certifying the authorized capacity of the signer). Please check 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) personally 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. be/she/theyr is /are) or circling the correct forms. Failure to correctly indicate this infomiation 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 signer. 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 vl2.10.07 800-873-9865 www.NotaryClasses.com Exhibit "A" Legal Description All that certain real property situated in the County of San Diego, State of California, described as follows: Parcel A: Lot 2 of Carisbad Tract CT 05-08, in the City of Carisbad, County of San Diego, State of California, according to the Map thereof No. 15333 filed in the Office of the County Recorder of San Diego County May 3, 2006. Parcel B: Non-exclusive, perpetual easement for ingress and egress by vehicular and pedestrian traffic and vehicle parking upon, over, across, along and through the "Common Area" forthe benefit ofthe owner, present and future and their respective successors and assigns, tenants, customers and invitees, together with a non-exclusive easement for access ways, ingress and egress and enjoyment of the "Common Area" and other areas improved as sidewalks, trash or recycle enclosures, and "lunch areas" and similar improvements and for surface drainage as created, set forth, defined, described and granted in that certain "Declaration of Covenants, Conditions and Restrictions and Reciprocal Easement Agreement (and Joint Use Parking Agreement)" recorded May 3, 2006 as Instrument No. 2006-0312067 of Official Records. APN: 212-260-02-00