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Home My WebLink AboutMS 2021-0003; W-H Carlsbad Owner IX, L.P.; 2022-0429585; 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# 2022-0429585 111111111111 lllll 111111111 111111 ll111111111111111111111111111111111111 Nov 08, 2022 09:53 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES $251.00 (SB2 Atkins: $225.00) PAGES 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 221-880-0100 -221-880-0400 PROJECT ID: MS2021 -0003 PROJECT NAME: _R_a_c_ew~ay~ln_d_u_st_ri_a_l ___ _ HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 534-9A) and improvement plan (DWG 534-9) for development to occur on property more particularly described as (see attached, Exhibit "A"), I/We, W-H CARLSBAD OWNER IX, L.P., 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\LandOev\PROJECTSIMS\MS2021\MS2021-0003 Carlsbad Raceway Industrial -Elias\B & AIHOLD HARMLESS AGREEMENT DRAINAGE.doc 01125113 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 Ill Ill Ill Ill Ill Ill Ill 2 Q:\CED\landDev\PROJECTSIMSIMS2021\MS2021-0003 Carlsbad Raceway Industrial -Elias\B & A\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01125/13 IN WITNESS WHEREOF, the undersigned has executed this instrument this October , 20_--"2=2 ____ _ APPROVED AS TO FORM: CINDIE MCMAHON City Attorney By MIN~~ Assistant City Attorney City of Carlsbad OWNER(S) W-H CARLSBAD OWNER IX, L.P., a Delaware limited partnership By: W-H Carlsbad GP IX, L.L.C., its General Partner By: Date: By: Date: By: W-H Carlsbad JV IX, L.L.C., its Sole Member By: Hines Carlsbad GP LLC, its General Partner By: Hines Carlsbad MM LLC, its Sole Member By: Hine Carlsbad Associates LP, its Sole Member By: Hines Interests Limited Partnership, its General Partner (Sign Here) Eric Hepfer, Managing Director (Print Name and Title) /P/1.sht,,, ~ I (Sign Here) (Print Name and Title} (Proper notarial acknowledgment of execution by owner(s) must be attached) 3rd day of (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:\CEDILandDev\PROJECTS\MS\MS2021\MS2021-0003 Carlsbad Raceway Industrial -Elias\B & AIHOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE§ 1189 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 Ca~~~la 1 /} } County of tllti:!_ //? (;-0 On I o/:3/u>2,v before me, BAo&VDG JY<ttn,)J}JJG;J IVDulrfy r 1 Date £g f Here Insert Name and Tltle of theOffller fvs01 c..., I ,,, :'< !:!" n personally appeared -~"'--"~~--c.---___ {IJ~t,;;;_~-L~!;;:::/S~~----------------- Name(s) of 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~hey executed the same In hls/her~helr authorized capaclty(les), and that by hls/her~helr slgnature(s) on the Instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the Instrument. r <> -=-L> ..... ..... =-..... <> <> <> 1 e BAOOUOC TRANTHIEN -COMM # 2320297 )> Z .• SAN DIEGO COUNTY )> ~ -· NOTARY PUBLIC-CALIFOANIAZ t MY COMMISSION EXPIRES l JANUARY 31, 2024 -,,~,o. <JliiWWJU:c:><>- 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 of Notary 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 -Tltle(s): ______ _ □ Corporate Officer -Tltle(s): ______ _ □ Partner -□ Limited □ General □ Partner -□ Limited □ General □ Individual o Attorney In Fact □ Individual □ Attorney In Fact □ Trustee o Guardian or Conservator o Trustee o Guardian or Conservator o Other: D Other: _____________ _ Signer Is Representing: ________ _ Signer Is Representing: ________ _ C2019 National Notary Association 4 Q:ICED\LandDev\PROJECTSIMS\MS20211MS2021-0003 Carlsbad Raceway Industrial -Elias\B & AIHOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 LEGAL DESCRIPTION The land referred to herein is situated in the State of California, County of San Diego, City of Cartsbad and described as follows: Lots 1, 2, 3 and 4 of Carlsbad Tract No. 98-10 Carlsbad Raceway, according to Map thereof No. 1501 3, 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 May 3, 2005 as Instrument No. 2005-371022, of Official Records. APN: 221-880-01-00, 221-880-02-00. 221-880-03-00. and 221-880-04-00 APN: 221-880-01-00, 221-880-02-00, 221-880-03-00, and 221 -880-04-00 (End of Legal Description) THE MAP ATTACHED THROUGH THE HYPERLINK ABOVE IS BEING PROVIDED AS A COURTESY AND FOR INFORMATION PURPOSES ONLY; THIS MAP SHOULD NOT BE RELIED UPON. FURTHERMORE, THE PARCELS SET OUT ON THIS MAP MAY NOT COMPLY WITH LOCAL SUBDIVISION OR BUILDING ORDINANCES. THERE WILL BE NO LIABILITY, RESPONSIBILITY OR INDEMNIFICATION RELATED TO ANY MATTERS CONCERNING THE CONTENTS OR ACCURACY OF THE MAP. File No.: 21000480957m Prelim Report COM Page 4 of 11