HomeMy WebLinkAboutCT 04-02; Real Estate Collateral Management Company; 2005-0850710; Hold Harmless Agreement/ReleaseDOC # 2OO5-085O710
RECORDING REQUESTED BY
WHEN RECORDED MAILTO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA. 92008
SPACE ABOVE THIS LINE FOR RECORDER'S USE
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SEP 30,2005 459 PM
OFFICIAL RE CORDS
5kN DIEGO COUNTY RECORDER'S UFFICE GREGUR'C J SMITH, COUNT'r' RECORDER FEES 0 00 PAGES 4
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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
GEOLOGICAL FAILURE
In consideration of the City's approval of a grading plan (DWG 420-4A) improvement
plans (DWG 420-4) for development to occur on property described as attached Exhibit "A
more particularly described as (APN No.(s): 223-720-02, -06, -07, -08, -09, -16 & -17), and
other good and valuable consideration, receipt of which is hereby acknowledged, I/(We) Real
Estate Collateral Management Company, 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.
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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
dfhd- day of gdUQ , 20&7
PROPERTY OWNERS
Real Estate Collateral Management Company, a
Delaware corporation
(sigh here) '
Fred Schimel, Vice President
(print name and title)
Date:
By:
(sign he re)
(print name and title)
Date:
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
By: Deputy City Attarney
(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.)
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STATE OF ILLINOIS
COUNTY OF COOK ss.
On SW 21
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.
I 2005 before me, Diana C. Moreno, Notary Public,
WITNESS my hand and official seal.
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