HomeMy WebLinkAboutCT 04-09; Real Estate Collateral Management Company; 2005-1001320; Hold Harmless Agreement/ReleaseDUC# 2005-1 001 320
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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NOV 18,2005 9:15 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER’S OFFICE GREGORY J. SMITH, COUNTY RECORDER
FEES: 0.00
PAGES: 4
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ASSESSOR’S PARCEL NO.(S): 21 3-1 11 -05,
21 3-1 12-09, 21 3-1 12-23, 21 3-1 12-25, 21 3-1 12-30
PROJECT NO. & NAME: CT 04-09
La Costa Greens Neighborhood 1.17
HOLD HARMLESS AGREEMENT
GEOLOGICAL FA1 LU RE
In consideration of the City’s approval of a grading plan (DWG 429-2A) and
improvement plans (DWG 429-2) for development to occur on property described as attached
Exhibit “A’ more particularly described as (APN No.(s) 21 3-1 1 1-05, 21 3-1 12-09, 23, 25, 30),
and other good and valuable consideration, receipt of which is hereby acknowledged, I/(We)
Real Estate Collateral Management Company, a Delaware corporation, 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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H:/Developmeni Servcies/Masters/Bonds B AgreementdHold Harmless Agi Geological Failure Rev. 12/06/98
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
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
PROPERTY OWNERS
Real Estate Collateral Management Company,
a Delaware corporation
(dgn here)
Fred R. Schimel. Vice President
(print name and title)
Date: yd{y 13, 2OOc
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.)
2 I H:/Development SeNaes/Masters/Bonds & AgreementsIHold Harmless Agt Geological Failure Rev. 12/08/98
On [y /3,abFbefore me, h id& &IP~ flhhry p 1
(Date) (Ndme, Title of Officer)
personally appeared 6- %t/LfrC
(Name[s] of Signer[s])
f personally known to me -OR - n
(proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s)
idare subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal OFFICIAL SEAL
DIANA C MORENQ
NOTARY PUBLIC, STATE OF ILLINOIS
(This area for
official notary seal)
Title or Type of Document
Date of Document
Signer(s) other than named above
No. of Pages
3
HYDevelopmenI SeNcies/MasterslBonds & AgreernentdHold Harmless Agt Geological Failure Rev. 12/08/98
EXHIBIT “A’
LEGAL DESCRIPTION
LA COSTA VILLAGE 1.1 7 (CT 99-03)
BEING A SUBDIVISION OF LOTS 17, 39, 41 AND 49 OF THE CITY OF
GREENS IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP NO. 14543 FILED IN THE OFFICE OF
THE SAN DIEGO COUNTY RECORDER ON FEBRUARY 12,2003.
CARLSBAD TRACT CT 99-03, VILLAGES OF LA COSTA - LA COSTA
CT 04-09 La Costa Greens 1.17