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
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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.
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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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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.)
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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
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