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HomeMy WebLinkAboutCT 01-13; Wave Crest Resorts II LLC; 2004-0174133; Hold Harmless Agreement/ReleaseQOC # 2004-0174133 RECORDING REQUESTED BY WHEN RECORDED MAILTO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 OFFICI& RECORDS SAN DIEGO COUNTY REUNDER'S OFFICE GREGORY J. SMITH3 COUNTY RECORDER FEES: 0.00 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 203-101-30 203-1 01 -32 203-1 01 -33 PROJECT NO. & NAME: CT 01-13 HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 409-9A) and improvement plans (DWG 409-9) for development to occur on property described as attached Exhibit "A", (I)We, Wave Crest Resorts II, 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 1 H:/Development SewiceslMasterslBonds & Agreeemnts/Hold Harmless Agreemnt Drainage Rev 12/08/98 occurring during the construction work or improvements as specified in this agreement. 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. 9 IN WITNESS WHEREOF, the undersigned has executed this instrument this 2 z' dayof Jm-7 ,20*'f. PROPERTY OWNERS . as manager 1IA)c William L. Canepa, President of the Three Seas Enterprises, Inc. (Print Name and Title) By: (Sign Here) (Print Name and Title) Date: (Proper notarial acknowledgment of execution by SUBDIVIDER 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.) APPROVED AS TO FORM: RONALD R. BALL City Attorney Y 2 Rev. 12/08/96 H:/Developmnt ServiceslMasterslBonds 8 Agreeemnts/Hold Harmless Agreement Drainage . STATE OF CALIFORNIA )) County of San Diego )) ss . On January 22, 2004 before me, Lauri Revell, Notary Public, personally appeared William L Canepa personally know to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity and that by his signature on the instrument the person, or the entity upon behalf of which the Derson acted, executed the instrument. WITNESS mv hand and official seal. \ Laud Revell EXHIBIT "A" PARCEL 1: (APN: 203-101-30) THAT PORTION OF LOT 20 OF SEASIDE LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1722, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 28, 1921, LYING NORTHWTERLY OF A LINE DRAWN PARALLEL WITH AND DISTANT 215.39 FEET SOUTHWESTERLY FROM THE SOUTHWESTERLY LINE OF ROOSEVELT STREET, FORMERLY SECOND STREET. PARCEL 2: (APN 203-101-32) THAT PORTION OF LOT 20 OF SEASIDE LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1722, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 28, 1921, LYING SOUTHWESTERLY OF A LINE PARALLEL WITH AND 215.39 FEET DISTANT SOUTHWESTERLY FROM THE WESTERLY LINE OF SECOND STREET (NOW ROOSEVELT STREET), AS SHOWN ON SAID MAP AND SOUTHEASTERLY OF A LINE PARALLEL WITH AND 120 FEET DISTANT NORTHWESTERLY FROM THE NORTIIERLY LINE OF LOT 21 OF SAID SEASIDE LANDS. EXCEPTING THEREFROM THE SOUTHEASTERLY 78 FEET THEREOF. ALSO: THAT PORTION OF FIRST STREET OR STATE STREET, AS SHOWN ON SAID MAP ADJOINING THE ABOVE DESCRIBED PARCEL OF LAND TO THE WEST, AS CLOSED TO PUBLIC USE BY RESOLUTION OF THE BOARD OF SUPERVISORS OF SAN DIEGO COUNTY, ON NOVEMBER 7, 1931, A CERTIFIED COPY OF SAID RESOLUTION WAS RECORDED IN BOOK 69, PAGE 23 OF OFFICIAL RECORDS. PARCEL 3: (APN: 203-101-33) THAT PORTION OF LOT 20 OF SEASIDE LANDS, IN THE CITY OF C.ULSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1722, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 28, 1921, LYING SOUTHWESTERLY OF A LINE PARALLEL WITH AND DISTANT 215.39 FEET SOUTHWESTERLY FROM THE WESTERLY LINE OF SECOND STREET, AS SHOWN ON SAID MAP AND LYING NORTHWESTERLY OF A LINE PARALLEL WITH AND 120 FEET DISTANT NORTHWESTEXLY FROM THE NORTHERLY LINE OF LOT 21 OF SAID SEASIDE LANDS. ORDER NO 40211538-40 ALSO: THAT PORTION OF FIRST STREET OR STATE STREET, AS SHOWN ON SAID MAP ADJACENT TO THE ABOVE DESCRIBED PARCEL OF LAND ON THE WEST, AS CLOSED TO PUBLIC USE, E3Y RESOLUTION OF THE BOARD OF SUPERVISORS OF SAN DIEGO COUNTY, ON NOVEMBER 7, 1931, A CERTIFIED COPY OF SAID RESOLUTION WAS RECORDED IN BOOK 69, PAGE 23 OF OFFICIAL RECORDS.