HomeMy WebLinkAboutMS 2017-0003; Cazadero Properties LLC; 2019-0325004; Hold Harmless Agreement/Release.I\
SP RECORDING 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# 2019-0325004
111111111111 lllll 111111111111111111111111111111 IIIII 111111111111111111
Aug 05, 2019 01 :25 PM
OFFICIAL RECORDS
Ernest J Dronenburg, Jr ,
SAN DIEGO COUNTY RECORDER
FEES $0 00 (SB2 Atkins $0 00)
PAGES 5
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.: 215-320-36-00 ------------PROJECT ID: MS 2017-0003 ------------PROJECT NAME: Cazadero Drive Condos
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City's approval of a drainage plan (DWG 513-5A) and
improvement plan (DWG 513-SA) for development to occur on property more particularly
described as (see attached, Exhibit "A"), I/We, Cazadero Properties, 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 WITNE S WHEREOF, the undersigned has executed this instrument this ~~ , 20 '°' . day of
OWNER(S)
Cazadero Properties, LLC, a California limited liability
APPROVED AS TO FORM:
CELIA BREWER
City Attorney
By: ~)[)£~A -----"-"'-~----"<+--
RON KEMP ~
Assistant City Attorney
City of Carlsbad
company / fJ £_
By £-14=Wre~
Robert P. Pizzuto, Manager
(Print Name and Title)
Date:
By:
(Sign Here)
(Print Name and Title)
Date:
(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 ALL-PURPOSE ACKNOWLEDGMENT
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 SAN DIEGO
55.
On July 11, 2019 , before me, Jannette Velasco
Date Name a d Title of Officer (e.g. "Ja
personally appeared --'-R"""o""'b"'"'e"""rt-'-'-P ..... __ P ___ izz=u=to~-----------------------------Name of Signer
Place Notary Seal Above
proved to me on the basis of satisfactory evidence to be the
person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed
the same in his/her/their authorized capacity(ies), and that by
his/her/their 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 PENAL TY OF PERJURY under the laws of the
State of California that the foregoing paragraphs is true and
correct.
WITNESS my hand and official seal.
"·
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY(IES) CLAIMED BY SIGNER(S) DESCRIPTION OF ATTACHED DOCUMENT
D Individual
D Corporate Officer
Hold Harmless Agreement Drainage
Title Title or Type of Document
D Partner D Limited
D General 6
D Attorney-In-Fact Number of Pages
D Trustee
D Guardian/Conservator
D Other: July 11, 2019
Date of Document
Signer is Representing:
Name of Person or Entity(ies)
Signer Other Than Named Above
For APN/Parcel 1D(s): 215-320-36-00
EXHIBIT "A"
Legal Description
Lot 357 of La Costa Meadows Unit No. 2, in the City of Carlsbad, County of San Diego, State of California, according to
Map thereof No. 6905, filed in the Office of the County Recorder of San Diego County, April 21, 1971.
Condition of TIiie Guarantee
CLTA Guarantee Form No. 28 (06/05/2014)
Page 3
Printed: 02.07.19@ 12:57 PM
CA-CT-FWD0-021B0.055820-SPS-1-19-73717006468