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
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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.
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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.
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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.)
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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