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HomeMy WebLinkAboutCT 04-04; Real Estate Collateral Management Company; 2005-0791806; Hold Harmless Agreement/ReleaseDOC # 2005-0791 8#13 RECORDING REQUESTED BY WHEN RECORDED MAILTO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 SEP 14,2005 8:36 AM OFF!CIPL HE CORDS lGFiEI3TjH'II J. 5 MI TH C'OIJNTY REC'ORDER fAN U!EGIII C'IZIUP.lT f HECDHDER'!; OFFICE FEES 17 00 4 F.4G E s : 1 Ilili! lllil lllll11111 ll111 Ylll11111ll111 Ylll HlllU111ll111 U111 Ylll Ill1 111 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO. PROJECT NO. & NAME: 223-720-04,-05, -1 1 CT 04-04 La Costa Ridge, Neighborhood 2.5 HOLD HARMLESS AGREEMENT GEOLOGICAL FAILURE In consideration of the City's approval of a grading plan (DWG 420-6A) improvement plans (DWG 420-6) for development to occur on property described as attached Exhibit "A" more particularly described as (APN No. 223-720-04, -05, -ll), 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. 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 1 H:/Development Servctes/Masters/Bonds & AgreementslHold Harmless Agt Geological Failure Rev. 12/06/98 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 &.+ day of &/w ,20-. PROPERTY OWNER# Real Estate Collateral Management Company, a Delaware corporation By:~=e5iEz-iz&d (dig n here) Fred Schimel. Vice President (print name and title) Date: By: (sign here) (print name and title) Date: APPROVED AS TO FORM: (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.) 2 I H:/Development Servcies/Masters/Bonds & Agreements/Hold Harmless Agt Geological Failure 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. OFFICIAL SEAL DIANA C MORENO NOTARY PUBLIC, STATE OF ILLINOIS MY COMMISSION LXPIAES: 10/04/05 Signature: Diana C. Moreno EXHIBIT “A” PROPERTY LEGAL DESCRIPTION City of Carlsbad Tract No. 04-04 La Costa Ridge Neighborhood 2.5 being a subdivision of Lots 224, 225, 236 and a portion of Lot 220 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 04-04