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HomeMy WebLinkAboutCT 05-14; Real Estate Collateral Management Company; 2007-0514835; Hold Harmless Agreement/ReleaseRECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 DOC# 2007-0h14835iifiiiiiiiiiiiililiiiiiiiiiii! AUG01.2007 12:16 PM OFFICIAL RECORDSC;AH Dit un roi INTY RECORDER'? OFFICE u R E, G 0 F!Y J S MI1 H, LO U N T Y Fi E CO H 0 E R FEES. 1300 PAGES: J t IIPiiiii SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 223-810-11 223-810-12 223-810-22 PROJECT NO. & NAME: CT 05-14 La Costa Oaks North Neighborhood 3.1 HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 446-4A) for development to occur on property described as Lots 205 & 215 of the City of Carlsbad Tract CT 99-04-03, Villages of La Costa - La Costa Oaks North in the City of Carlsbad, County of San Diego, State of California, according to Map No. 15318 filed in the Office of San Diego County Recorder April 18, 2006, according to Map thereof No. APN 223-810-11, 223-810-12, 223-810- 22, I/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 H:\Development Services\PROJECTS\CT FILES\CT 05\CT 05-14 La Costa Oaks North Nei. 31 - Jimeno\Bonds and AgreementtHOLD HARMLESS AGREEMENT DRAINAGE(DWG 446-4A).doc 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 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. ,-T^IN WITNESS WHEREOF, the undersigned has executed this instrument this _/ -s day of -Jo^ 20J2X PROPERTY OWNERS Real Estate Collateral Management Companv, a Delaware Corporation^/ -^-~ (Sign Here) Fred Schimel, Vice President Date: By: (Print Name and Title) (SigXHere) / (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. BALLCity Attorney H:\Development Services\PROJECTS\CT FILES\CT 05\CT 05-14 La Costa Oaks North Nei. 3.1 - Jimeno\Bonds and AgreementtHOLD HARMLESS AGREEMENT DRAINAGEfDWG 446-4A).doc State of-GeritfefRia County of Son Diego On (Date1) personally appeared before me,fcJ?/r (Name, Title of Officer) (Name[s] of Signer[s]) j^personally known to me -OR - D (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 Q . Signature of Notary MORENO STATE OF ILLINOIS EXPIRES 10/4/2009 (This area for official notary seal) Title or Type of Document Date of Document No. of Pages Signer(s) other than named above H:\Development Services\PROJECTS\CT FILES\CT 05\CT 05-14 La Costa Oaks North Nei. 3.1 - Jimeno\Bonds and Agreement\HOLD HARMLESS AGREEMENT DRAINAGE(DWG 446-4A).doc