HomeMy WebLinkAboutCT 02-21; Real Estate Collateral Management Co; 2004-0740749; Hold Harmless Agreement/ReleasenCIC # 2004-0740749
RECORDING REQUESTED BY
WHEN RECORDED MAILTO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA. 92008
AUG 05,2004 8:47 AM
OFFICIAL RECORDS
SAN DIEGU COUNTY RECORDER'S OFFICE GREGORY J. SMITH, COUNTY RECORDER FEES: 0.00
PAGES: 3
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SPACE ABOVE THIS LINE FOR RECORDER'S Us
ASSESSOR'S PARCEL NO. 213-1 12-03-00
PROJECT NO. & NAME: CT 02-21
LA COSTA GREENS NEIGHBORHOOD 1.12
HOLD HARMLESS AGREEMENT
GEOLOGICAL FAILURE
In consideration of the City's approval of a grading 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, more particularly described
as (APN No. 213-112-03-00), and other good and valuable consideration, receipt of which is
hereby acknowledged, I/(We), Real Estate Collateral Management Company, 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 any persons, or damage
to or taking of any property including public property, directly or indirectly caused by the
geological failure of any nature, type or cause or any subsequent damage that may occur on or
sdjacent to this subdivision due to its construction, operation or maintenance.
Approval of the plans or permits, or inspection of any work done pursuant to those plans
3r permits by the City shall not constitute an assumption by the City of any responsibility for any
jamage or taking referenced in this agreement. City shall not be responsible in any manner
Nhatsoever for the design, compaction, construction or maintenance of the slopes, cuts, fills or
mprovements made or done pursuant to the approved plans, nor shall any officer or employee
:hereof be liable or responsible for any accident, loss or damage happening or occurring during
:he construction work or improvements as specified in this agreement. The entire risk of any
oss resulting from or caused by any geological failure is assumed by and shall be borne by the
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owner.
It is agreed that the above owners will maintain all slopes and landscaping in a manner
to insure slope stability to the satisfaction of the City Engineer. The owners agree to repair any
damage to public improvements caused by any geological failure referred to in this agreement
to the satisfaction of the City Engineer. The owners agree to repair or stabilize any slope which
the City Engineer determines may fail and cause damage to public improvements. 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
PROPERTY OWNERS
Real Estate Collateral Management Company, a
Delaware corporation
(sign here)
Fred R. Schimel, Vice President
(print name and title)
Date: 3hj/fl I
By: N/A
(sign here)
N/A
(print name and title)
Date:
APPROVED AS TO FORM:
RONALD R. BALL
Dkputy City Attorhey
(Proper notarial acknowledgment of execution by SUBDIVIDER must be attached)
or vice-president and secretary, assistant secretary, CFO or assistant
for corporations. Otherwise, the corporation must attach a resolution
or assistant secretary under corporate seal empowering the officer(s)
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ies/MastedBonds & Agreementsklold Harmless AQI Geological Failure Rev. 12/06/98
State of California 1 1
County of San Diego )
On 3\2S/oq before me, M/LhLk Pohh, d o+cq P&hk
personally appeared FV ed s ch frn1 I
(Date) '(Name, Title of Officer)
(Name[s] of Signer[s])
~ di;ersonally known to me -OR - 0
(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 he/sibeAky
executed the same in his/- authorized capacity&+@, and that by hislhedt4a-r
signature(+on the instrument the person(@, or entity upon behalf of which the person@)
acted, executed the instrument.
Notary Public - California
WITNESS my hand and official seal
Signature of Notary
(This area for
official notary seal)
Title or Type of Document +/old &I, vrnlcss A-& rped Gt OlOUl.4d
Document 31 &loJ
pLClUVC
3 Date of No. of Pages
Signer(s) other than named above N
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