HomeMy WebLinkAboutCT 05-14; Real Estate Collateral Management Company; 2007-0514836; Hold Harmless Agreement/ReleaseDOC# 2007-0514836
111 MINI II!!!!!!
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA. 92008
AUG01.2007 12:16 PM
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'-AN LMfbU LOUriTY hECORDER'S OFFICE
n R E G 0 RY J. :-: M! T H CO U N T r R L 17:0 R D E Fi
FEES 1300
PAGES. 3
31
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
GEOLOGICAL FAILURE
In consideration of the City's approval of a grading plan (DWG 446-4A) and
improvement plans (DWG 446-4) for development to occur on property described as Lots 205 &
215 of the City of Carlsbad Tract CT 99-04-03, Village 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 more particularly described as (APN
No. 223-810-11, 223-810-12, 223-810-22), and other good and valuable consideration, receipt
of which is hereby acknowledged, l/(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
H:\Development Services\PROJECTS\CT FILES\CT 05\CT 05-14 La Costa Oaks North Nei. 3.1 - Jimeno\Bonds and AgreemenftHOLD HARMLESS AGREEMENT
GEOLOGICAL FAILURE(DWG 446-4A).doc
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
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 -^C/»g _ , 20^7r
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
PROPERTY OWNERS
Real Estate Collateral Management Company, a
DelawareJgoroofatiQjv-^
(sign here)
Fred Schimel, Vice President
(print name and title)
Date:
By:
Date:
mt name and title)
(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.)
H:\Development Services\PROJECTS\CT FILES\CT 05\CT 05-14 La Costa Oaks North Nei. 3.1 - Jimeno\Bonds and AgreementtHOLD HARMLESS AGREEMENT
GEOLOGICAL FAILURE(DWG 446-4A).doc
State of California
County of San Diogo
On
(Date)
personally appeared
before me,
(Name, Title of Officer)
(Name[s] of Signer[s])
Jfrpersonally 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
O A L SEAL1
Signature of Notary
r>- • • C. MORENO
NOW :\.SLIC. STATE OF ILLIN
MISSION EXPIRES 10/4/1
(This area for
^seal)
"OFFICIAL SEAL""'
DIANA C. MORENO
NOTARY PUBLIC, STATE OF ILLINOIS
MY COMMISSION EXPIRES 10/4/2009
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 AgreemenhHOLD HARMLESS AGREEMENT
GEOLOGICAL FAILURE(DWG 446-4A).doc