HomeMy WebLinkAboutCT 02-04; Real Estate Collateral Management Company; 2003-0650133; Hold Harmless Agreement/ReleaseDUC # 2003-0650133
RECORDING REQUESTED BY
WHEN RECORDED MAILTO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad. CA. 92008
PROJECT NO. & NAME: CT 02-04
OFFICIAL RECOKDS W DIEGO CDMTY RECORDER'S OFFICE
FEES: 14.00 GREGORY J. WTH, COUNTY RECURDER
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.
223-060-1 5-00,223-060-49-00
Villages of La Costflhe Oaks South
HOLD HARMLESS AGREEMENT
GEOLOGICAL FA1 LU RE
In consideration of the City's approval of a grading 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 more particularly
described as (APN No. 223-060-1 5-00, 223-060-49-00)' and other good and valuable
consideration, receipt of which is hereby acknowledged, l/(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
1
H:/Development ServciedMasters/Bonds 8 AgreementdHold Harmless Agt Geological Failure Rev. 12/08/96
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 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
*
zpe dayof fl&d~#e-~ ,20*.
PROPERTY OWNERS I
Real Estate Collateral Management Company, a
- (sign here)
David A. Watts, Vice President
(print name and title)
Date:
By:
(sign here)
(print name and title)
Date:
APPROVED AS TO FORM:
RONALD R. BALL
Citv Attornev
(Prop r otarial acknowledgment of execution by SUBDIVIDER must be attached)
(Ch d? man, 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 I H:/Development Servcies/Mastnrs/Bonds 8 AgreemenWHold Harmless Agl Geological Failure Rev. 12/08/96
(Name[s] of Signer[s])
personally known to me -OR - 17 I
(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
n
Signature of Notary
I’ ‘&J*M-@* OFFICIAL SEAL
DIANA C MORENO
WTARY PPJBLK:. STATE OF ILLWS
(This area for
official notary seal)
Title or Type of Document
Date of Document
Signer@) other than named above
No. of Pages