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Home My WebLink AboutCT 00-06; Real Estate Collateral Management Company; 2003-0969991; Hold Harmless Agreement/ReleaseDOC # 2003-0969991 RECORDING REQUESTED BY WHEN RECORDED MAILTO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 OFFICIAL RECORDS SM DIEGO COUNTY RECORDER’S OFFICE GKEGDRY J. SMITH? CWNTY RECORDER FEES: 0.00 SPACE ABOVE THIS LINE FOR RECORDERS USE ASSESSOR’S PARCEL NO. 213-030-1 1-00 PROJECT NO. & NAME: CT 00-06 Bressi Ranch-Alicante Offsite HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City’s approval of a grading plan (DWG 400-81) and improvement plans (DWG 400-8J) for development to occur on property described as attached Exhibit “A more particularly described as (APN No. 213-030-11-00), 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 adjacent 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 or permits by the City shall not constitute an assumption by the City of any responsibility for any damage or taking referenced in this agreement. City shall not be responsible in any manner whatsoever for the design, compaction, construction or maintenance of the slopes, cuts, fills or improvements made or done 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. The entire risk of any loss resulting from or caused by any geological failure is assumed by and shall be borne by the owner. 1 H:/Development ServcieslMasterslBonds 8 AgreemntslHold Harmless Agt Geological Failure Rev. 12/06/98 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 --- -- By: (sign here) David A. Watts, Vice-president -- (print name and title) By: (sign here) (pintname and title) Date: APPROVED AS TO FORM: RONALD R. BALL City Attorney nt 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.) 2 H:/Development Servcies/Masters/Bonds & AgreemenWHold Harmless Agt Geological Failure Rev. 12/08/96 ) State of Z///ACpf3 ) County of ) personally appeared before me, a FPL e- /%FF&-, A& 7% ‘L , (Name, Title of Officer) (Name[s] of SignerIs]) - d &I LY personally known to me -OR - 0 (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 hislherltheir signature(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal (This area for official notary seal) SigEature of Notary Title or Type of Document Date of Document Signer(s) other than named above No. of Pages EXHIBIT “A” LEGAL DESCRIPTION PARCEL A PARCEL 3 OF PARCEL MAP NO. 1188, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 20, 1972 AS FILE NO. 340334 OF OFFICIAL RECORDS. TOGETHER WITH THAT PORTION DESCRIBED AS PARCEL “A” IN DEED TO LA COSTA LAND COMPANY, FILED IN THE OFFICE OF THE COUNTY 245058 OF OFFICIAL RECORDS, SAID LAND BEING THAT PORTION DELINEATED AND DESIGNATED AS “NOT A PART OF THIS MAP” ON SAID PARCEL MAP NO. 1188. RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 7, 1973 AS FILE NO. 73- EXCEPTING THEREFROM THAT PORTION OF ALGA ROAD AS DESCRIBED IN DEED TO THE CITY OF CARLSBAD RECORDED DECEMBER 9, 1983 AS FILE NO. 83-449259 OF OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM PARCEL A OF PARCEL MAP NO. 13427, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 16,1984 AS FILE NO. 84-031333 OF OFFICIAL RECORDS. AFFECTS PARCEL NOS. 213-030-11, 215-021-07, 215-030-06, 215-030-14, 215-031- 08,215-052-15 AND 215-061-01,09.