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HomeMy WebLinkAboutMS 2019-0003; AN Motors of Ft. Lauderdale Inc; 2022-0324466; Hold Harmless Agreement/ReleaseRECORDING 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# 2022-0324466 I IIIIII IIIII IIIII IIIII IIII IIIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII Aug 10, 2022 03:19 PM 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.: 211 -080-11-00 -----------PROJECT ID: MS2019-0003 PROJECT NAME: BMW OF CARLSBAD HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 529-6A) and improvement plan (DWG 529-6) for development to occur on property more particularly described as (see attached, Exhibit "A"), I/We, AN Motors of Ft. Lauderdale, Inc., a Florida Corporation, 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. 1 Q:ICED\LandDev\PROJECTSISOPISOP 19\2019-0005 BMW Ca~sbad -Levy\B & AIHOLO HARMLESS AGREEMENT ORAINAGE.doc 01125/13 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. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill /II Ill Ill Ill Ill Ill Ill 2 Q:ICEDILandDev\PROJECTSISDP\SDP 1912019-0005 BMWCa~sbad • Levy\B & AIHOLD HARMLESS AGREEMENT DRAINAGE.doc 01125/13 d- lN WITNESS WHEREOF, the undersigned has executed this instrument this c/1.'1 day of '77,I,,<!--, 20-'..2"-=-:i..--'------ APPROVED AS TO FORM: CELIA BREWER City Attorney By ~ RON KEMP Assistant City Attorney City of Carlsbad OWN ER(S) AN Motors of Ft. Lauderdale,....."-'-"-'.a...;:;..:---· a Corporation By: (Sign Here) Charles W. Sabadash, Ill, Authorized Agent (Print Name and Title) Date: &? -;;i_q -;z;;..._ By: (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 Q:ICEDILandDev\PROJECTS\SDPISDP 1912019-0005 BMW CMsbad -Levy\B & AIHOLD HARMLESS AGREEMENT DRAINAGE.dOc 01/25/13 ISSUED BY First American Title Insurance Company First American Titlei·.1 File No: 1002-J29o94-RTT Exhibit A File No.: 1002-329094-RTT The Land referred to herein below is situated in the City of Carlsbad, County of San Diego, State of California, and is described as follows: LOTS 2 AND 3 OF CARLSBAD TRACT NO. 87-3, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. !2242, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 28, 1988. THIS LEGAL IS MADE PURSUANT TO THAT CERTIFICATE APPROVING A CERTIFICATE OF COMPLIANCE RECORDED SEPTEMBER 14, 1989 AS FILE NO. 89-496668 OF OFFICIAL RECORDS. For conveyancing purposes only: APN 211-080-11-00 This page is only a part of a 2016 ALTA@ Commitment for Title Insurance issued by First American Title Insurance Company. n,is Commitment is not valid without the Notice; the Commitment tv Issue Policy; the Commitment Conditions; Schedule A; Schedule 8, Part I-Requirements; Schedule 8, Part II-Exceptions. Copyright 2006-2016 American Land Tltle Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 50003700 (8-23-18) Page 13 of 13 ALTA Commitment forlitie Insurance (8-1-16 Califomi State of Florida } County of Broward } The foregoing instrument was acknowledged before me this 29th day of June, 2022 by Charles W. Sabadash III, Authorized Agent of AN Motors of Ft. Lauderdale, Inc., a Florida corporation, on behalf of the corporation. He is personally known to me. Cynthia A. Hallgren