HomeMy WebLinkAboutCT 04-03; Real Estate Collateral Management Company; 2005-0850711; Hold Harmless Agreement/ReleaseDOC # 2005-085071 1
RECORDING REQUESTED BY
WHEN RECORDED MAILTO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad. CA 92008
La Costa Ridge, Neighborhoods 2.3 & 2.4
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SEP 30,2005 459 PM
OFFICIAL RECORDS SAN DlEGO COIJNTY RECORDER’S OFFICE G R E LO Hi’ .I S MI T H CO U N T‘r’ RECORD E R
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PAGES 4
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SPACE ABOVE THIS LINE FOR RECORDER’S USE
ASSESSOR’S PARCEL NO.(S): 223-721-01,
223-721 -02,223-721 -03,223-721-04
PROJECT NO. & NAME: CT 04-03
HOLD HARMLESS AGREEMENT
DRAl NAGE
In consideration of the City’s approval of a drainage plan (DWG 420-5A) for
development to occur on property described 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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HYDevelopmenI SeNlcesiMasterslBonds & Agreeemntshlold Harmless Agreement Drainage Rev 12/08/96
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.
I 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.
d- IN WITNESS WHEREOF, the undersigned has executed this instrument this z/
day of 3-k ,20 d-
PROPERTY OWNERS
Real Estate Collateral Management Company, a
Delaware comoration
' (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
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H:lDevelopment SeNlCes/MaSterS/BOnds 8 AgreeemntsRlold Harmless Agreement Drainage Rev. 12/08/98
STATE OF ILLINOIS
COUNTY OF COOK ss.
On June21 ,2005 before me, Diana C. Moreno, Notary Public, 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.
WITNESS my hand and official seal.
Signature:
Diana C. Moreno
EXHIBIT “A’
LEGAL DESCRIPTION
City of Carlsbad Tract 04-03 La Costa Ridge - Neighborhoods 2.3 & 2.4
Subdivision of Lots 222, 230, 231 and 232 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 04-03
VLC - Ridge Neigh. 2.3 & 2.4