Loading...
HomeMy WebLinkAboutCT 02-21; Real Estate Collateral Management Co; 2004-0740749; Hold Harmless Agreement/ReleasenCIC # 2004-0740749 RECORDING REQUESTED BY WHEN RECORDED MAILTO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 AUG 05,2004 8:47 AM OFFICIAL RECORDS SAN DIEGU COUNTY RECORDER'S OFFICE GREGORY J. SMITH, COUNTY RECORDER FEES: 0.00 PAGES: 3 I 111111 ll1111111 Ylll111111111 Ylll lllllHll1Ul11 Rlll Ylll Rlll HI11 Ill 111 SPACE ABOVE THIS LINE FOR RECORDER'S Us ASSESSOR'S PARCEL NO. 213-1 12-03-00 PROJECT NO. & NAME: CT 02-21 LA COSTA GREENS NEIGHBORHOOD 1.12 HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading 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, more particularly described as (APN No. 213-112-03-00), and other good and valuable consideration, receipt of which is hereby acknowledged, I/(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 sdjacent 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 3r permits by the City shall not constitute an assumption by the City of any responsibility for any jamage or taking referenced in this agreement. City shall not be responsible in any manner Nhatsoever for the design, compaction, construction or maintenance of the slopes, cuts, fills or mprovements made or done pursuant to the approved plans, nor shall any officer or employee :hereof be liable or responsible for any accident, loss or damage happening or occurring during :he construction work or improvements as specified in this agreement. The entire risk of any oss resulting from or caused by any geological failure is assumed by and shall be borne by the 1 l:/Development Servcies/MastedBonds & AgreemenWHold Hades Ast Geolcgical Failure Rev. 12/08/98 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 PROPERTY OWNERS Real Estate Collateral Management Company, a Delaware corporation (sign here) Fred R. Schimel, Vice President (print name and title) Date: 3hj/fl I By: N/A (sign here) N/A (print name and title) Date: APPROVED AS TO FORM: RONALD R. BALL Dkputy City Attorhey (Proper notarial acknowledgment of execution by SUBDIVIDER must be attached) or vice-president and secretary, assistant secretary, CFO or assistant for corporations. Otherwise, the corporation must attach a resolution or assistant secretary under corporate seal empowering the officer(s) 2 ies/MastedBonds & Agreementsklold Harmless AQI Geological Failure Rev. 12/06/98 State of California 1 1 County of San Diego ) On 3\2S/oq before me, M/LhLk Pohh, d o+cq P&hk personally appeared FV ed s ch frn1 I (Date) '(Name, Title of Officer) (Name[s] of Signer[s]) ~ di;ersonally known to me -OR - 0 (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 he/sibeAky executed the same in his/- authorized capacity&+@, and that by hislhedt4a-r signature(+on the instrument the person(@, or entity upon behalf of which the person@) acted, executed the instrument. Notary Public - California WITNESS my hand and official seal Signature of Notary (This area for official notary seal) Title or Type of Document +/old &I, vrnlcss A-& rped Gt OlOUl.4d Document 31 &loJ pLClUVC 3 Date of No. of Pages Signer(s) other than named above N 3 H:/Development ServciedMasterWBonds 8 AgreemenWHold Harmless Agi Geological Failure Rev. 12/08/98