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HomeMy WebLinkAboutCT 02-21; Real Estate Collateral Management Co; 2004-0740748; Hold Harmless Agreement/ReleaseRECORDING REQUESTED BY WHEN RECORDED MAIL TO: DOC # 20044740743 I ll1ll1ll Ill 11111 11111 lllll11111 Ill11 11111 Ill11 11111 Ill11 111llllll1111 AUG 05,2004 8:47 AM OFFICIAL RECORDS SAN DlEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH, COUNTY RECORDER PAGES: FEES: 0.00 3 I1lll111Il1 Ulll HllIllIll UIII Hlll HI11 UIII 1111 HI11 11111 1111 UIII 111 IUI City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 213-1 12-03-00 PROJECT NO. & NAME: CT 02-21 LA COSTA GREENS NEIGHBORHOOD 1.12 HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 406-4A) and improvement plans (DWG 406-4) for development to occur on property described as a subdivision of Lot 12 of Carlsbad Tract No. 99-03 La Costa Greens, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 14543, filed in the Office of the County Recorder of San Diego County, February 12, 2003, (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 1 H:/Developmeni ServicesNasterdBonds & AgreeefmtdHold Harmless Agreement Drainage Rev. 12/08/98 construction of the improvements 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. 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 25% dayof ,20@4. PROPERTY OWNERS Real Estate Collateral Manaaement Companv. a Delaware corporation By: (Sign Here) Fred R. Schimel, Vice President (Print Name and Title) Date: By: N/A (Sign Here) N/A (Print Name and Title) (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 By: bT City Aiorney 2 H:IDevelopment SeNices/Masters/Bonds 8 AgreeemtdHold Harmless Agreement Drainage Rev. 12/08/98 State of California ) ) County of San Diego 1 On WMW~ 25, ZoW before me, 1 wbl'c , (Date) (Name, Title of Officer) personally appeared Ffd SC h I Wl L I (Name[s] of Signer[s]) I &ersonaIly known to me -OR - (proved to me on the basis of satisfactory evidence) to be the person(@ whose name(@ is/- subscribed to the within instrument and acknowledged to me that helskeflkey executed the same in his/- authorized capacityw), and that by his/kerftke)lc signature(+ on the instrument the persono, or entity upon behalf of which the person(+ acted, executed the instrument. WITNESS my hand and official seal Signature of Notary (This area for official notary seal) Date of No. of Pages Document 31 ?SI oq 3 Signer(s) other than named above )J A 3 H:/Development SetvicesIMastersIBonds & AQreeermtdHdd Harmless ngreemeni Drainage Rev. 12/06/98