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
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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
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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
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H'iDeveIoprnent ServicesiMastersiBonds & Agreeemnts/Hold Harmless Agreement Drainage Rev 12/08/98
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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
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HYDevelopment ServiceslMasIersiBonds & Agreeemnts/Hold Harmless Agreement Drainage Rev. 12/06/98