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HomeMy WebLinkAboutSDP 2021-0029; Ionis Pharmaceuticals Inc; 2023-0189406; 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# 2023-0189406 1111111111111111111111 11111111111111111111 lllll lllll 111111111111111111 Jul 19, 2023 01 :34 PM OFFICIAL RECORDS JORDAN Z. MARKS, SAN DIEGO COUNTY RECORDER FEES $176.00 (SB2 Atkins: $150.00) PAGES: 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 209-120-23-00 ; 209-120-24-00 PROJECT ID: SOP 2021-0029 PROJECT NAME: lonis Pharmaceuticals Lots 21 and 22 HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 540-?A) and improvement plan (DWG 540-7) for development to occur on property more particularly described as (see attached, Exhibit "A"), I/We, lonis Pharmaceuticals, Inc., a Delaware corporation, 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&AIPROJECTSISDP 2021-0029; RO\1\12022-0736: GR2022-0049 -lonis Lot 21 and 22 N.F\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 - It is further agreed that the above owner(s) wi ll 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 /II Ill Ill /II Ill Ill Ill 2 Q:ICED\Admin\B&A\PROJECTSISDP 2021-0029; ROW2022•0736; GR2022-0D49 • lonis Lot 21 and 22_N F\HOLD HARMLESS AGREEMENT DRAINAGE.doc 01125113 IN WITNESS WHEREOF, the undersigned has executed this instrument this 30th day of May, 2023. APPROVED AS TO FORM: CINDIE MCMAHON City Attorney By AQBJpot OWNER(S) lonis Pharmaceuticals, Inc., a Delaware corporation By ~ (SignHere) Date: Elizabeth Hougen -Executive VP and CFO (Print Name and Title) May 30, 2023 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.) 3 Q:ICEO\Admin\B&AIPROJECTSISDP 2021-0029; ROW2022-0736; GR2022-0049 • lonis Lot 21 and 22_N.FIHOLD HARMLESS AGREEMENT DRAINAGE.doc 01/25/13 LEGAL DESCRIPTION Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: LOTS 21 AND 22 OF CARLSBAD TRACT NO. 97-13-03, CARLSBAD OAKS NORTH PHASE 3, IN THE CHY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 16145, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 13, 2016 AS DOCUMENT 2016-7000438 OF OFFICIAL RECORDS. APN: 209-120-23-00 (LOT 21) and 209-120-24-00 (LOT 22) CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 13:0llOI BCI El 1:0 D D D ti a a:1)8881 I IJ03 ICI 1:0:0 D OdlCI00:0 D B:I DC888fBO G D OJ I)( 8'0:0=0081}:I U):8(1 D 0"080 [Ju l@:Oc08l):O:OOl lll8 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 \..?Al, ,----.L)l5' 0 On HA\{ 30, ZOZ3 before me, ~a1..0J~~~LJJ~UE~~~m~__ul15.!U.C... Date personally appeared l::i,.JZB: BEIJ:\ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s1 whose name($) is/ale subscribed to the within instrument and acknowledged to me that lle/she/ttky executed the same in hls/her/t~ir authorized capacity(i~. and that by M;/her/t~ir signature(t) on the instrument the person(t), or the entity upon behalf of which the person~ acted, executed the instrument. ) ft O .: O OVE:IT:J.:IL:.N~EV: • 1 ' i ' ; NoUry Public • Co1llftrnt,1 § f ~ Soln Di ~o County ~ ,,.,.,,.,.cw Commission# 231-4073 ~-lli'7 /1..y Comm. Exptr~ Dec 25, 2023 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. 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: Ho.t:> t::W:H\.F:SS At.N:r -~C\,\),,)i¥o£: Document Date: H~ .30 1 2.DZ 3' Number of Pages: _y.....L...-- Signer(s) Other Than Named Above: _...,b,._) ... o ..... , ... £~------------------- Capacity(ies) Claimed by Signer{~~ Signer's Name: l=t 1ZP,<;!;,E'JJ-\ ~ t4ElJ il"'Corporate Officer -Title(s): 'BJP, c;FO □ Partner -□ Limited □ General □ Individual □ Attorney in Fact □ Trustee □ Guardian or Conservator □ Other: Si~erls Representin~ _:::ro,..,"""' .......... '} .... \$_.._~---~ (!AL"S, I :J:NC. ©2018 National Notary Association 's Name: □ Corpo Officer -Title(s): ______ _ □ Partner -□ · led □ General □ Individual □ Trustee □ Other: