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Home My WebLink AboutCD 2020-0022; AP Beacon Carlsbad LP; 2022-0252642; Hold Harmless Agreement/Release'• 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 DOC# 2022-0252642 1111111 11111 lllll 111111111111111 lllll lllll lllll lllll 111111111111111111 Jun 16, 2022 02 :11 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins: $0.00) PAG ES 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 216-124-16-00 ---'----------PROJECT ID: CD2020-0022 PROJECT NAME: The Beacon Phase 3 HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 532-1A) for development to occur on property more particularly described as (see attached, Exhibit "A"), I/We, AP Beacon Carlsbad, 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. It is further agreed that the above owner(s) will maintain all drainage systems to insure a 1 Q:ICEO\LandOevlPROJECTSICDICO 2020\C02020-0022 The Beacon· Rick\B & AIHOLO HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 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 O:ICED\LandDev\PROJECTSICDICD 2020\CD2020·0022 The Beacon -Rick\B & A\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25113 IN WITNESS WHEREOF, the undersigned has executed this instrument this day of Mq"v.. , 20_1.:;:;_:'l...=----- owNER(s) AP Beacon Carlsbad, LP, a Delaware Limited Partnership By: (Sign Here) m E. Judd, Managing Partner (Print Name and Title) Date: By: ----------------------- APPROVED AS TO FORM: CELIA BREWER City Attorney By Nl~L ~ Assistant City Attorney City of Carlsbad (Sign Here) (Print Name and Title) Date: (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 O:ICEO\LandDev\PROJECTSICDICD 2020\C02020-0022 The Beacon -Rick\B & AIHOLD HARMLESS AGREEMENT DRAINAGE.doc 01125/13 ~ ~ V \'\I\, (;..yo\.\ 'N" e,it11'Olml,_ ACKNOWLEDGMENT CIVIL CODE§ 1189 --■---•H--■----a■ •-&AAUAWWW&AAAM A notary public or other officer completing this certificate verifies only the Identity of the ind Iv id ual who signed the document to which this certificate Is attached, and not the truthfulness, accuracy, or validity of that document. State of CallJe~Ale ,-..)::)~ (o.,cDl\-"C. County of fv'\::C C.t:l...vi\:>W---~ } On r;:\p,c:.i I 11 1 "U:>1-1-before me, .-A\/\lt<. I j (t:... ~~ 1 N;rl:Ga:.~b(i C. Date ,.. C..-r:: . _. ,,J ~ Insert Name and m!e of the Officer personally appeared ----..-~=-~'~ '-'~ '~~~UI~-------------------- Name(s) af Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ls/are subscribed to the within Instrument and acknowledged to me that he/she/they executed the same In his/her/their authorized capaclty(les), and that by his/her/their slgnature(s) on the Instrument the person(s). or the entity upon behalf of which the person(s) acted, executed the Instrument. I certify under PENAL TY OF PERJURY under the laws of the State of~ that the foregoing paragraph Is true and correct. ~ic.tl'I ( t,.,a,li"'C. WITNESS my hand and official seal. Signature -\-l·.---""-=--"....._.::------ Ploce Notary Seal and/or Stamp Above ,cl:r-N""'" 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: _________________________ _ DocumentDate: _____________________ Numberof Pages: ___ _ Slgner(s) Other Than Named Above: ______________________ _ Capaclty(les) Claimed by Slgner(s) Signer's Name: ___________ _ Signer's Name: ___________ _ □ Corporate Officer -TIUc(s): ______ _ o Corporate Officer -Tltle(s): o Partner -□ limited o General o Partner -o limited o General o Individual □ Attorney In Fact □ Individual o Attorney In Fact o Trustee □ Guardian or Conservator o Trustee o Guardian or Conservator □ Other: □ Other: ______________ _ Signer Is Representing: _________ _ Signer Is Representing: _________ _ ()2019 National Notary Association 4 Q:\CED\landDe\/\PROJECTSICD\CD 2020\CD2020-0022 The Beacon -Rick\B & AIHOLD 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 A: PARCELS "B" AND "D" OF PARCEL MAP NO. 10283, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, ON JULY 30, 1980 AS INSTRUMENT NO. 80-240721 OFFICIAL RECORDS. PARCEL B: NON-EXCLUSIVE EASEMENTS FOR INGRESS AND EGRESS FOR VEHICULAR AND PEDESTRIAN TRAFFIC AND VEHICLE PARKING, PUBLIC UTILITIES, SIGNS AND OVERHANGS OVER, UNDER, ALONG AND ACROSS THE "COMMON AREA," AS DEFINED, CREATED, SET FORTH AND DESCRIBED IN THAT CERTAIN "DECLARATION OF ESTABLISHMENT OF PROTECTIVE COVENANTS, CONDITIONS AND RESTRICTIONS AND GRANT OF EASEMENTS" RECORDED SEPTEMBER 03, 1980 AS INSTRUMENT NO. 80-282192 OFFICIAL RECORDS. APN: 216-124-16-00, 216-124-17-00