HomeMy WebLinkAboutCT 04-02; Real Estate Collateral Management Company; 2005-0850709; Hold Harmless Agreement/ReleaseRECORDING REQUESTED BY
WHEN RECORDED MAILTO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
DOC # 2005-0850709 I llllllll Ill lllll11111 lllllllll1111il Ill11 11111 lllll1111111ll1 Ill1 Ill1
SEP 30,2005 459 PM
O FFI ClAL RECUR D S SAN DIEGO CUUNTY RECURDER'S UFFICE GRECiORY,J. SMITH, CUUNT'Y RECORDER
PAGES. FEES: 0.00
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SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.: 223-720-02, -06, -07,
PROJECT NO. & NAME:
-08, -09, -1 6 & -1 7
CT 04-02
La Costa Ridge, Neighborhoods 2.1, 2.2
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City's approval of a drainage plan (DWG 420-4A) for
development to occur on property described as attached Exhibit "A, according to Map thereof
No. 14838, 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
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
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H:/Developrnent Services/Masters/Bonds & Agreeemnts/Hold Harmless Agreement Drainage Rev. 12/08/98
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 dl ’-$
day of ,20 a<
PROPERTY OWNEW
Real Estate Collateral Manaaement Companv. a Delaware corporation
- (Sign Here)
Fred Schimel, Vice President
(Print Name and Title)
Date:
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
By: Y- -
2 I HYDevelopment SeNlces/Masters/Bonds & AgreeemntslHoid Harmless Agreement Drainage Rev. 12/08/98
STATE OF ILLINOIS
COUNTY OF COOK ss.
On a@ 2 ( PERSONALLY APPEARED Fred Schimel personally known to me to
be the person whose name is subscribed to the within instrument and acknowledged to
me that he executed the same in his authorized capacity and that by his signature on the
instrument the entity upon behalf of which the person acted, executed the instrument.
,2005 before me, Diana C. Moreno, Notary Public,
WITNESS my hand and official seal.
A
Signature: +A/ QLW m
Diana C. Moreno
OFFICIAL SEAL
DIANA C MORENO
NOTARY PUBLIC, STATE OF ILLINOIS
MY COMM19810N EXPIRES: 10/04/05
EXHIBIT “A’
PROPERTY LEGAL DESCRIPTION
City of Carlsbad Tract No. 04-02 La Costa Ridge Neighborhoods 2.1 & 2.2
subdivision of Lots 221, 226, 227, 228, 229, 246 and 247 of City of Carlsbad
Tract 99-04-02 Villages of La Costa - La Costa Ridge, in the City of Carlsbad,
County of San Diego, State of California, according to Map thereof No. 14838,
filed in the Office of the County Recorder of San Diego County, July 14, 2004.
CT 04-02