HomeMy WebLinkAboutCT 2018-0002; AVIARA LP; 2022-0475267; Hold Harmless Agreement/ReleaseRECORDING IS REQUESTED
FOR THE BENEFIT OF THE CITY
OF CARLSBAD
WHEN RECORDED MAIL TO:
City Cieri<
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
DOC# 2022-04 75267
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Dec 21 , 2022 11 :53 AM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES. $0.00 (S82 Atkins $0 00)
PAGES: 5
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.: _2_1_2_-0_4_0-_5_6-_0_0 ____ _
PROJECT ID: CT 2018-0002
PROJECT NAME: Aviara Apartments West
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City's approval of a drainage plan (DWG 535-1A) 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
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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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IN WITNESS WHEREOF, the undersigned has executed this instrument this 3 c:> day of No vr;Met;(Z. , 20 1.. ,_
APPROVED AS TO FORM:
CINDIE MCMAHON
City Attorney
By ~£1JMP~
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: ---'-----~===:.._ ____ ....,.,__ _______ _
(Sign Here) '-
Date:
Scott Dale, Its President
(Print Name and Title)
N o"E.\V'\ ~E (l_ io , 2-Q?..2--
By: ---------------------(Sign Here)
(Print Name and Title)
Date:
Senior 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.)
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CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
A notary public or other officer completing this certfficate verifies only the identtty of the individual who signed the document
to which this certfficate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of San Die 0 }
On November 30th, 2022 before me, Lesli Palmer, Notary Public
Date Here Insert Nome and Title of the Officer
personally appeared ___ S_c_o_tt_D_a_l_e _____________________ _
Name(I'; of Signer(/)
who proved to me on the basis of satisfactory evidence to be the person{,() whose name!,) Isl-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 personlf), or the entity
upon behalf of which the person(l1 acted, executed the Instrument.
•••••••• f
LESLI PALMER
Notary Public -California :
San Diego County ~
Commission # 2309925 ~
y Comm. Expires Oct 21, 2023
Place Natory 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.
J~~ Signature -~-"-===------1-~--------
Signature of Notary Public
OPTIONAL
Completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
ached Document
Title or Type of Doc
Capaclty(les) Claimed by Slgner(s)
Signer's Name: ___________ _ er's Name: ___________ _
□ Corporate Officer -Tltle(s): ______ _ o Car te Officer -Title(s): ______ _
o Partner -o Limited o General o Partner -lmlted o General
□ Individual o Attorney In Fact o Individual o Attorney In Fact
□ Trustee o Guardian or Conservator o Trustee Guardian or Conservator
o Other: ______________ _ o Other: -------~-------Signer Is Representing: _________ _ Signer Is Representing: ___ ___::,...,,---___ _
e 2019 National Notary Association
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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:
LOT 3 OF CITY OF CARLSBAD TRACT NO. 2018-0002 AVIARA APARTMENTS, IN THE CITY OF CARLSBAD,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP NO. 16521, FILED IN THE OFFICE
OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 9, 2022.
APN: 212-040-56-00