HomeMy WebLinkAboutCT 05-15; Real Estate Collateral Management Company; 2007-0514837; Hold Harmless Agreement/ReleaseDOC# 2007-0514837
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
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RECORDER
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SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.: 223-810-06
223-810-07
223-810-08-00
PROJECT NO. & NAME: CT 05-15
La Costa Oaks North Neighborhood 3.3
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City's approval of a drainage plan (DWG 446-5A) for
development to occur on property described as Lots 202 & 203 of the City of Carlsbad Tract CT
09-04-03, 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 the San Diego
County Recorder on April 18, 2006, according to Map thereof No. APN 223-810-06, 223-810-
07, 223-810-08-00, 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
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DRAINAGE(DWG 446-5Aj.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.
IN WITNESS WHEREOF, the undersigned has executed this instrument this /
day of ^A//)£ , 20^*7 .
PROPERTY OWNERS
Real Estate Collateral Management Company, a
Delaware
(STgn Here)
Fred Schimel, Vice President
, (Print Name and Title)
Date: ^/'/{TJ
By:
(SigfTfiere)
(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. BALL
.ttorney
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DRAINAGE(DWG 446-5A) doc
Deputy City Attorney
State of California
County of San Diuyo
On l
(Date)
personally appeared
before me,_ Ms Wo. A/fftt-r fabt _
(Name, Title of Officer)
(Name[s] of Signer[s])
//^-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
Signature of Notary
DIANA C. MORENO
NOTARY PUBLIC, STAT
COMMISSION EXPI
(This area for
official notary seal)
Title or Type of Document
Date of Document No. of Pages
Signer(s) other than named above
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DRAINAGE(DWG 446-5A).doo