Loading...
HomeMy WebLinkAboutCT 02-04; Real Estate Collateral Management Company; 2003-0597626; Hold Harmless Agreement/ReleaseDOC # 2003-0597626 RECORDING REQUESTED BY WHEN RECORDED MAILTO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 ASSESSOR'S PARCEL N 0. : 223-61 6-04-00, 223-61 6-1 0-00 MfiY 21, 2003 3:51 FM OFFICIAL RECORDS 9% DIEGO ClllJt4TY REBRIER'S OFFICE GREGORY J. %ITHI COUNTY REKRbER FEES: 0.00 SPACE ABOVE THIS LINE FOR RECORDER'S USE PROJECT NO. & NAME: CT 02-04 Villages of La Costamhe Oaks South HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 399-8A) and improvement plans (DWG 399-8) for development to occur on property described as Lots 176 and 182 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:IDevelopment Services/MastedBonds & Agreeemnts/Hold Harmless Agreement Drainage Rev. 12/08/96 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 yf4 PROPERTY OWNERS Real Estate Collateral Manaaement ComDanv. a Delaware (Sign Here) David A. Watts, Vice President (Print Name and Title) Date: 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(s) signing to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney ty Attorney -%TT U 2 H:/Developmenl Services/Masters/Bonds & Agreeermts/Hold Harmless Agreement Drainage Rev. 12/05/98 On flBm4<.2a2~ before me, MB py €- ~fis/oy Ab /v %44e (Date) (Name,'Title of Officer) (Name[s] of Signer[s]) f2( personally appeared & J4.&& ,RI personally known to me -OR - 0 (proved to me on the basis of satisfactory evidence) to be the person(s) whose name@) islare subscribed to the within instrument and acknowledged to me that helshelthey executed the same in hislherltheir 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 MARY E WiNSL3W Notary Public, State of Il'inols *L. * (This area for Signature Notary official notary seal) Title or Type of Document Date of Document Signer@) other than named above No. of Pages