HomeMy WebLinkAboutCT 02-23; Real Estate Collateral Management Company; 2004-0740739; Hold Harmless Agreement/ReleaseDOC # 2004-0740739
RECORDING REQUESTED BY
WHEN RECORDED MAILTO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
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AUG 05,2004 8:47 AM
OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH, COUNTY RECORDER FEES: 0.00
PAGES: 3
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SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.: 213-1 1 1-02 21 3-1 1 1-03 - . - . . . - - 21 3-1 1 1-06 213-1 1 1-07 ~- -
PROJECT NO. & NAME: CT 02-23
La Costa Greens Neighborhood 1.08
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City's approval of a drainage plan (DWG 406-6A) and
improvement plans (DWG 406-6) for development to occur on property described as Lots 8 and
19 of CT 99-03, per map 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
Rev. 12/06/98
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 acK
dayof Hm& ,206Y .
PROPERTY OWNERS
Real Estate Collateral Management Company, a Delaware corporation
By:
C (Sign Here)
Fred R. SchimelNice President
(Print Name and Title)
Date: 6 CdJy
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
2 H:/Developmenl ServicesfMasterdBonds 8 Agreeemts/Hdd Hanless Agreement Drainage Rev. 12/06/98
State of California ) 1
County of San Diego 1
On ~VLJI 3S; before me, 1/1/1 1 oh6 I e ?O IISD, .UOS& fV pfi bh+
personally appeared Fftd Ghim81
(Date) (Name, Title of Officer)
(Name[s] of Signer[s])
I dersonally known to me -OR - 0
(proved to me on the basis of satisfactory evidence) to be the persono whose name@
is/- subscribed to the within instrument and acknowledged to me that he/-
executed the same in his/hef;ltkei+ authorized capacityCtes), and that by his/kerStk&
signature(+) on the instrument the person(@, 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)
Title or Type of Document t)D[d I-12~ - m&. 5s 040 recnwtt D rainmt
Date of No. of Pages
Document af>Slor/ 3 11 Signer(s) other than named above rJ
3 H:iDevelopment SewicesNasters/Bonds 8 AgreeemtsRlold Harmless Nreement Drainage Rev. 12/08/98