HomeMy WebLinkAboutCT 02-02; Real Estate Collateral Management Co; 2003-1402169; Hold Harmless Agreement/ReleaseDOC # 2003-1402169
RECORDING REQUESTED BY
WHEN RECORDED MAILTO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA. 92008
NOU 219 2003 4=06 PM
SPACE ABOVE THIS LINE FOR RECORDERS USE
ASSESSOR'S PARCEL NO.
223-071 -05-00,223-071-07-00, 223-071 -09-00,
223-050-69-00
PROJECT NO & NAME: CT 02-32
Villages of La Costanhe Oaks South
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HOLD HARMLESS AGREEMENT
GEOLOGICAL FA1 LU RE
tn consideration of the City's. approval of a grading plan (DWC 399-64) and
improvement plans (DWG 399-6) for development to occur on property described as Lots 171
and 172 of Carlsbad Tract 99-04-01, Villages of La Costa-La Costa Oaks South, in the City of
Carlsbad, County of San Diego, State of California, according to the map thereof No. 14379
filed in the Office of the County Recorder of San Diego County April 29, 2002 more particularly
described as (APN No. 223-071 -05-00, 223-071 -07-00, 223-071 -09-00, 223-050-69-00), 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
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H:/Development Servcies/Masters/Bonds 8 AgreemenWHold Harmless Agt Geological Failure Rev. 12/08/98
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,
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 pubiic 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 L'ic f TNESS VVIIEREOF, the mdersigned has executed this instrument this
3 Pp day of f&vr3pv ,20&
PROPERTY OWNERS
Real Estate Collateral Management Company, a
Delaware Corporation
By: - (sign here)
David A. Watts, Vice President
(print name and title)
Date: d3Yam3
OFFICIAL SEAL
APPROVED AS TO FORM:
f
By: (2, .)?l&v%Q
(sign here)
(print narne and title)
RONALD R. BALL
City Attorney
,:/p'&
eputy City Attorney
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.)
Rev. 12/08/98
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H:/Development Servcies/Masten/Bonds & AgreementdHold Harmless Agt Geological Fallure
STATE OF ILLINOIS
COUNTY OF COOK ss.
On February 24,2003 before me, Diana C. Moreno, Notary public PERSONALLY
APPEARED, David A. Watts
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 entity
upon behalf of which the person acted, executed the instrument.
personally known to me to be the person whose
WITNESS my hand and official seal
Signature I
DIANA C MORENQ
MY aMw” I)CcMaS: twm NOTARY PWKIC, BTATR OT Iu1)(ow
February 24,2003