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Home My WebLink AboutCT 2018-0002; Aviara LP; 2022-0324469; Hold Harmless Agreement/Release.. l 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# 2022-0324469 111111111111 lllll 111111111111111 lllll lllll lllll lllll lllll 1111111111111 Aug 10, 2022 03:19 PM OFFICIAL RECORDS Ernest J. Dronenburg Jr ~:~sDIEGo COUNTY RECORDER · $O.OO (SB2 Atkins: $0.00) PAGES 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 212-040-56 -----------PROJECT ID: CT 2018-0002 PROJECT NAME: Aviara Apartments HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a improvement plan (DWG 535-1) for development to occur on property more particularly described as (see attached, Exhibit "A"), I/We, Aviara 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:ICED\landDev\PROJECTSICnCT20181CT2018-0002 Laurel Tree Ca~sbad • CarromB&AIHOLD HARMLESS AGREEMENT DRAINAGE.doc 01125113 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 !II Ill Ill Ill Ill Ill 2 Q:ICED\LandOev\PROJECTS\CT\CT2018\CT2018-0002 Laurel Tree Cartsbad -CarrolnB&A\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this ;;J... 3 f2..._ day of J v NE, , 20-=~==ol-___ _ APPROVED AS TO FORM: CELIA BREWER City Attorney OWNER(S) Aviara LP, a Delaware limited partnership BY: Aviara Genpar, LLC, a Delaware limited liability company, its General Partner By: R&V Investment Management Corporation, a California corporation, its Manager By \~ ------"'-==~_...~(~S...;ig;:...n...:H-=e;:_r_e'.'""") -----""",""'-..:::------- Date: Scott Dale, President (Print Name and Title) ~1i.~)i.1.... r J By: ----------------------(Sign Here) (Print Name and Title) Date: By: t~At IL · 1--irfitdl)/yV RON l<EMP C,tv)t-{1 -e, it _ Hl /-{~N\ Assistant City Attorney City of Carlsbad (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:ICED\LandOev\PROJECTS\CnCT2018\CT2018-0002 Laurel Tree Carlsbad · Carroll\B&AIHOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25113 CALIFORNIA ACKNOWLEDGMENT iii ii FF IOOIJlMFlFJ IIFJI-J j FF FIIFJI CIVIL CODE § 1189 AS&AXll A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of £AN X°)1E.\.::iiO } On ~Nie. 2~~ 20::Z.::Z.. before me, LE~l..\ ?l"\L..Y\E:~1 M1J:.A~"1 P'-2t.l L. Date Here Insert Name and Title of the Officer personally appeared ------~=:,_),.d..lc....!.____..!!..._-=l"\~t..~c .. -'--------------- Nome{t, of Slgner(t} who proved to me on the basis of satisfactory evidence to be the person(,1 whose name(l) ls/Me subscribed to the within Instrument and acknowledged to me that he/~ executed the same In his/~ authorized capacity~). and that by his/~ signature(,! on the Instrument the person(~. or the entity upon behalf of which the person(I) acted, executed the Instrument. Place Notary Seal and/or Stamp Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph Is true and correct. WITNESS my hand and official seal. Signature ~ &--- Signature of Notary Public OPTIONAL Completing this information con deter alteration of the document or fraudulent reattachment of this form to on unlntendod document Document Date: ________ ---=-....,,------------Number of Pages: ___ _ Slgner(s) Other Than Named Above: ___ ----=,..,.__ _________________ _ Capacity(les) Claimed by Signer(s) Signer's Name: ___________ _ o Corporate Officer -Tltle(s): ______ _ o Partner -o Limited o General o Individual o Attorney In Fact o Trustee o Guardian or Conservator D Other: ______________ _ Signer Is Representing: _________ _ C>2019 National Notary Association Signer's e: ___________ _ o Corporate er -Tltle(s): ______ _ o Partner -o LI o General o Individual ttorney In Fact o Trustee o Gu nor Conservator D Other: ---------~...,...--- Signer Is Representing: ------~,c-- 4 Q:ICED\LandOev\PROJECTSICT\CT2018\CT2018·0002 Laurel Tree Carlsbad· Carroll\B&A\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01125/13 "EXHIBIT A" LEGAL DESCRIPTION Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: PARCEL 1: THAT CERTAIN PORTION OF LOT "G" OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST EASTERLY CORNER COMMON TO PARCELS "B" AND "C" OF PARCEL MAP NO. 2993, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY; THENCE EASTERLY ALONG THE SOUTHERLY LINE OF SAID PARCEL "C", NORTH 73°25'32" EAST, 218.15 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 800.00 FEET; THENCE LEAVING SAID SOUTHERLY LINE, EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 22°52'27" AN ARC LENGTH OF 319.38 FEET; THENCE TANGENT TO SAID CURVE SOUTH 83°42'01" EAST, 254.06 FEET; THENCE SOUTH 81°37'46" EAST, 525.00 FEET TO A POINT IN THE SOUTHWESTERLY EXTENSION OF THE SOUTHEASTERLY LINE OF PARCEL "D" OF SAID PARCEL MAP NO. 2993; THENCE SOUTHWESTERLY ALONG SAID EXTENSION SOUTH 13°36'43" WEST, 114.38 FEET; THENCE SOUTH 71 °35'51" WEST, 1165. 74 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL "B"; THENCE NORTHWESTERLY ALONG THE NORTHEAST LINE OF SAID PARCEL "B" NORTH 18°24'09" WEST, 519.41 FEET TO THE POINT OF BEGINNING. PARCEL 2: AN EASEMENT AND RIGHT OF WAY FOR ROAD AND PUBLIC UTILITY PURPOSES OVER ALL THAT PORTION OF PARCEL D OF PARCEL MAP NO. 2993, AND A PORTION OF LOT "G" OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHEASTERLY CORNER OF SAID PARCEL D; THENCE SOUTH 13°36'43" WEST ALONG THE EASTERLY LINE THEREOF, 13.01 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 13°36'43" WEST, ALONG SAID EASTERLY BOUNDARY AND THE SOUTHERLY PROLONGATION THEREOF, 531.99 FEET; THENCE NORTH 81°37'46" WEST 30.13 FEET; THENCE NORTH 13°36'43" EAST 533.43 FEET TO A POINT ON THE NORTHERLY LINE OF SAID PARCEL MAP; THENCE ALONG SAID NORTHERLY LINE, SOUTH 78°54'09" EAST 30.03 TO THE TRUE POINT OF BEGINNING. APN: 212-040-56-00