HomeMy WebLinkAboutCT 06-01; Laguna Breeze Condominiums LLC; 2009-0101405; 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
DGC# 2009-0101405
MAR 02, 2009 11:18 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
DAVID L. BUTLER, COUNTY RECORDER
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SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.: 203-110-42
PROJECT ID: CT 06-01
PROJECT NAME: Laguna Breeze
Condominiums, LLC
RELATED PROJECT ID: RP 06-01
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City's approval of a drainage plan(s) (DWG 455-3, 455-3A) for
development to occur on property more particularly described as (see attached, Exhibit "A"),
I/We, Laguna Breeze Condominiums, LLC, the owners 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.
H:\Development Services\PROJECTS\CT FILES\CT 06\CT 06-01 Laguna Condos - Bobbett\Bonds & Agreements\HOLD HARMLESS AGREEMENT DRAINAGE(CT 06-
01).doc
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.
IN WITNESS WHEREOF, the undersigned has executed this instrument this /*
day of I)<c. 20_«|_.
OWNER(S)
Laquna Breeze Condominiums, LLC
>jgn Here)
Rudy C. Zavalani, Member
(Print Name and Title)
Here)
lavalani, Member
(Print Name and Title)
Date:2W.
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
By:_
Deputy City Attorney
(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.)
HADevelopment Services\PROJECTS\CT FILES\CT 06\CT 06-01 Laguna Condos - BobbetftBonds & Agreements\HOLD HARMLESS AGREEMENT DRAINAGE(CT 06-
01J.doc
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of San Diego
On 12/19/08 before me,Deborah A. Bruce, Notary Public
Date
personally appeared
Here Insert Name and Title of the Officer
Rudy C. Zavalani and Cheryl L. Zavalanilery.
ie(s) of SiName(s) of Signers)
DEBORAH A. BRUCE f
Commission #1819180 t
Notary Public - California I
San Oiego County £
My Comm. Expires Nov 19, 2012 j
Place Notary Seal Above
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) -ie/are subscribed to the
within instrument and acknowledged to me that
.he/eke/they executed the same in-hie/hefitheir authorized
capacity(ies), and that by teftesftheir signature(s) on the
instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY 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.
OPTIONAL -
Signature of'Notary Public
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:. Number of Pages:.
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
D Individual
D Corporate Officer —Title(s):
D Partner — D Limited D General
D Attorney in Fact
D Trustee
D Guardian or Conservator
D Other:
RIGHTTHUMBPRINT
OF SIGNER
Signer Is Representing:.
Top of thumb here
Signer's Name:
Q Individual
D Corporate Officer — Title(s):
D Partner — D Limited D General
D Attorney in Fact
D Trustee
D Guardian or Conservator
D Other:
Signer Is Representing:
Top of thumb here
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File No: 38330039
EXHIBIT "A
All that certain real property situated in the County of San Diego, State of California, described as
follows:
Parcel 1:
That portion of Lot 46 of Seaside Lands, in the City of Carlsbad, County of San Diego, State of
California, according to the Map thereof No. 1722, filed in the Office of the County Recorder of San
Dfego County, July 28, 1921, described as follows:
Beginning at the most Westerly corner of said Lot 46; thence along the Northerly line of said lot,
South 89°50' East 129.93 feet to the Northwesterly corner of land described in deed recorded June
28, 1962 as Instrument No. 110018 of Official Records; thence along the Westerly line of said
land, South 00°10'00" West 116.50 feet to the most Southerly comer thereof; thence along the
Southwesterly prolongation of the Southeasterly line of said land, South 56°38'20" West 40.80 feet
to the Southwesterly boundary of said Lot 46; thence along said Southwesterly line North
34°26'00" West to the Point of Beginning.
Parcel 2:
That portion of Lot 46 of Seaside Lands, in the City of Carlsbad, County of San Diego, State of
California, according to the Map thereof No. 1722, filed in the Office of the County Recorder of San
Diego County, July 28,1921, described as follows:
Beginning at the most Westerly comer of said Lot 46; thence along the Northerly line of said lot,
South 89°50' East 129.93 feet to the True Point of Beginning; thence along said Northerly line
South 89°50' East 65.00 feet; thence South 1°56'04" West 75,00 feet; thence South 56°38'20"
West 75.20 feet to a line which bears South 0°10' West from the True Point of Beginning; thence
North 0°10' East 116.50 feet to the True Point of Beginning.
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