HomeMy WebLinkAboutCT 02-03; Real Estate Collateral Management Company; 2003-0597627; Hold Harmless Agreement/ReleaseDOC # 2003-0597627
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
MRY 219 2003 3~51 FM
OFFICI& KERlfW Sf'# DIEGO COUNTY KEGORDER'S OFFICE GRE!!iORY J. WTH, CCILlNTY E(X1HDEK FEES: 0.00
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL N 0.
PROJECT NO. & NAME:
223-61 6-02-00' 223-61 6-01 -00
CT 02-03
Villages of La Costahe Oaks South
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City's approval of a drainage plan (DWG 399-7A) and
improvement plans (DWG 399-7) for development to occur on property described as Lots 173
and 174 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, (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
construction of the improvements pursuant to the approved plans, nor shall any officer or
1 H:/Development ServiceslMastersiBonds & AgreeemntsIHold Harmless Agreement 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.
IN WITNESS WHEREOF, the undersigned has executed this instrument this YY'
day of NQrC h ,2003 .
PROPERTY OWNERS
Real Estate Collateral Manaaement ComDanv. a Delaware
David A. Watts. Vice President
(Print Name and Title)
Date: I
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@)
signing to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL City Attorney
2 I H:IDevelopment SeNiCeSIMaSteTSIBOndS & AgreeemntslHold Harmless Agreement Drainage Rev. 12/08/98
OnArdh $2673 beforeme, &%/I/ k . AL “fls /bw de& ry A&- ,
personally appeared SA L,r*/A &&&
(Date) (Name, Title of Officer)
(Name[s] of Signer[s])
eR personally known to me -OR - 0
(proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s)
islare subscribed to the within instrument and acknowledged to me that helshelthey
executed the same in his/her/their authorized capacity(ies), and that by hislhedtheir
signature(s) on the instrument the person(s), or entity upon behalf of which the person(s)
acted, executed the instrument.
Title or Type of Document
Date of Document
Signer(s) other than named above
No. of Pages