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HomeMy WebLinkAboutCT 04-15; Real Estate Collateral Management Company; 2005-0243584; Hold Harmless Agreement/ReleaseDOC 17 2005-0243584 RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 MAR 24,2005 459 PM OFFICIAL RECORDS SAN DIEGU COUNT',' RECURDER'S UFFICE GREGORYJ SMITH COUNTY RECORDER PAGES FEES u uo 3 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.(S): 213-111-05, -06, -13 PROJECT NO. & NAME: CT 04-1 5/04-16 La Costa Greens Neighborhood 1.06 & 1.07 HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 427-6A) for development to occur on property described as Lots 6, 7 & 46 of City of Carlsbad Tract 99-03, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 14543 filed in the Office of the County Recorder on February 12, 2003, 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 1 H /Development SenicesiMastersiBonds & AgreeemntsfHold Harmless Agreement Drainage Rev. 12/08/98 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. 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 4 day of G~uR~ ,20u3-. PROPERTY OWNERS Real Estate Collateral Manaaement ComDanv, a Delaware corporation (Sign Here) Fred R. Schimel, Vice President (Print Name and Title) Date: (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($ signing to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney By: v mt Citv Attorney 2 H'iDeveIoprnent ServicesiMastersiBonds & Agreeemnts/Hold Harmless Agreement Drainage Rev 12/08/98 ~ On ~&U.QY r,a'before me, b~~~~ e- Motdnd , dd~/7jpd//i personally appeared I (Date) (Name, Title of Officer) (Name[s] of Signer[s]) ,)(personally known to me -OR - n (proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are 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 n Signature of Notary DIANA C MORENO NOTARY PUBLIC, STATE OF ILLINOIS official notary seal) Title or Type of Document Date of Document No. of Pages 11 Signer(s) other than named above 3 HYDevelopment ServiceslMasIersiBonds & Agreeemnts/Hold Harmless Agreement Drainage Rev. 12/06/98