HomeMy WebLinkAboutCT 02-21; Real Estate Collateral Management Co; 2004-0740748; Hold Harmless Agreement/ReleaseRECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
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AUG 05,2004 8:47 AM
OFFICIAL RECORDS
SAN DlEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH, COUNTY RECORDER
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City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.: 213-1 12-03-00
PROJECT NO. & NAME: CT 02-21
LA COSTA GREENS NEIGHBORHOOD 1.12
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City's approval of a drainage plan (DWG 406-4A) and
improvement plans (DWG 406-4) for development to occur on property described as a
subdivision of Lot 12 of Carlsbad Tract No. 99-03 La Costa Greens, in the City of Carlsbad,
County of San Diego, State of California, according to map thereof No. 14543, filed in the Office
of the County Recorder of San Diego County, February 12, 2003, (I)We, Real Estate Collateral
Management Company, a Delaware corporation, 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
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H:/Developmeni ServicesNasterdBonds & AgreeefmtdHold Harmless Agreement Drainage Rev. 12/08/98
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.
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 25%
dayof ,20@4.
PROPERTY OWNERS
Real Estate Collateral Manaaement Companv. a Delaware corporation
By:
(Sign Here)
Fred R. Schimel, Vice President
(Print Name and Title)
Date:
By: N/A
(Sign Here)
N/A
(Print Name and Title)
(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
By: bT City Aiorney
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H:IDevelopment SeNices/Masters/Bonds 8 AgreeemtdHold Harmless Agreement Drainage Rev. 12/08/98
State of California )
)
County of San Diego 1
On WMW~ 25, ZoW before me, 1 wbl'c ,
(Date) (Name, Title of Officer)
personally appeared Ffd SC h I Wl L I
(Name[s] of Signer[s])
I &ersonaIly known to me -OR -
(proved to me on the basis of satisfactory evidence) to be the person(@ whose name(@
is/- subscribed to the within instrument and acknowledged to me that helskeflkey
executed the same in his/- authorized capacityw), and that by his/kerftke)lc
signature(+ on the instrument the persono, or entity upon behalf of which the person(+
acted, executed the instrument.
WITNESS my hand and official seal
Signature of Notary
(This area for
official notary seal)
Date of No. of Pages
Document 31 ?SI oq 3
Signer(s) other than named above )J A
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