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HomeMy WebLinkAboutSDP 2018-0004; BNR Investment & Development LLC; 2023-0148280; Hold Harmless Agreement/ReleaseRECORDING IS REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Cartsbad Village Dr. Carlsbad, CA 92008 DOC# 2023-0148280 11111111111111111111111111111111 lllll lllll lllll 111111111111111 11111111 Jun 07, 2023 11 :35 AM OFFICIAL RECORDS JORDAN Z. MARKS, 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.: 216-300-12-00, 216-300-13-00 PROJECT ID: SOP 2018-0004 }Jlq PROJECT NAME: Romeria Pointe Apartments HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 534-1A) and improvement plan (DWG 534-1) for development to occur on property more particularly described as (see attached, Exhibit "A"), I/We, BNR Investment & Development, LLC., a California limited liability company, 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:\CED\Admin\B&AIPROJECTS\SDP 2018--0004; -Romena Pointe Apartments\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25113 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:ICED\Admin\B&AIPRDJECTSISDP 2018--0004; -Romeria Pointe Apartments\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25113 IN WITNESS WHEREOF, the undersigned has executed this instrument this Z.-3 day of 111 ,201:1 OWNER(S) BNR Investment & Development, LLC., a California limited APPROVED AS TO FORM: CINDIE MCMAHON City Attorney ByqoJ ~ ON kEMP Senior Assistant City Attorney City of Carlsbad ::bilify2/z ~ u Date: By: Date: (Sign Here) Nilesh Desai -Managing Member (Print Name and Title) (Sign Here) (Print Name and Title) (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\Admin\B&AIPROJECTS\SDP 2016-0004; -Romelia Pointe Apartments\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01125/13 EXHIBIT A LOTS 393 AND 392 OF LA COSTA SOUTH UNIT NO. 5, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 6600, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 10, 1970. ASSESSOR'S PARCEL NUMBER: 216-300-12-00 AND 216-300-13-00 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies onl'j the identity of the individual who signed the document to which thls certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Callfornla ~ } County of ~~. ~ A On os/z,5{20i3 before me, _._M-=-~~«eJ~J"-"s.....-,:..e.:.=~'--=-'----'-~=wt~k h--'----'-, \1-1-( _rt.o-lo-'-=,:-1 piJ:,J t1 Date ~ Here Insert Name and Title of the Officer ·· r ll ',(4~L~,~~ 1 personally appeared ____ _,~,.._-'-'~~"""""-'!]-'-'----..-c.--'\..-~-~..:"--------------- Name(s) of Slgner(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/they executed the same In his/her/their authorized capaclty(les}, and that by his/her/their slgnature(s} on the Instrument the person(s}, or the entity upon behalf of which the person(s} acted, executed the Instrument. AXFIELD SAMUEL CONKLIN Notary Public -Caltforn1a Orange County ; Commission# 2402719 - My Comm. Expires May 1, 2026 Place Notary Seal and/or Stamp Above I certify under PENAL TY OF PERJURY under the laws of the State of California th the foregoing paragraph Is true and correct. 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 o General □ Partner -□ Limited □ General □ Individual □ Attorney In Fact □ Individual □ Attorney In Fact D Trustee □ Guardian or Conservator □ Trustee □ Guardian or Conservator □ Other: □ Other: Signer Is Representing: ________ _ Signer Is Representing: ________ _ 0 2019 National Notary Association 4 Q:ICEO\Admln\B&AIPROJECTSISOP 2018--0004; -Romeria Pointe Apartments\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25113