HomeMy WebLinkAboutCT 02-20; Real Estate Collateral Management Company; 2004-0538040; Hold Harmless Agreement/ReleaseRECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA. 92008
•tt i.u
JUN G9, 2OO4 8»55 AM
OFFICIAL RECORDS
m DIEGO COUNTY RECORDER'S OFFICE
GREGORY J. SHITH, COUNTY RECORDER
FEES: 0.00
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO. : 213-112-01
PROJECT NO. & NAME: CT 02-20
La Costa Greens Neighborhood 1.10
HOLD HARMLESS AGREEMENT
GEOLOGICAL FAILURE
In consideration of the City's approval of a grading plan (DWG 406-5A) and
improvement plans (DWG 406-5) for development to occur on property described as Lot 10 of
CT 99-03, per Map No. 14543 recorded February 12, 2003, more particularly described as
(APN No.(s) 213-112-01), 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
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
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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
S ( day of i
PROPERTY OWNERS
Real Estate Collateral Management Company, a
Delaware corporation
By:
(sign here)
Fred R. Schimel, Vice President
(print name and title)
Date: M(\\ II,
By:
(sign here)
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
By:
Date:
(print name and title)
Deputy City Attorney
(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.)
H:/Development Servcies/Masters/Bonds & Agreements/Hold Harmless Agt Geological Failure Rav. 12/08/98
State of Califo
County of Son Diego
f\ *
On flfrl 2 y 2c£)V before me, $H*ia C.
(Date)
personally appeared
(Name, Title of Officer)
(Name[s] of Signer[s])
l ^.personally known to me -OR - D
(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 his/her/their
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
Signature of Notary
\ OFFICIAL SEAL
I DIANA C MORENO
< NOTARY PUBLIC, STAT6 OF '"£015 J
> MY COMMISSION ItflMt: 10KW/05'
official notary seal)
Title or Type of Document
Date of
Document
No. of Pages
Signer(s) other than named above
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