HomeMy WebLinkAboutCT 05-16; Real Estate Collateral Management Company; 2007-0514840; Hold Harmless Agreement/ReleaseDOCtf 2007-0514840
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA. 92008
AUG01.2007 12:16 PM
GFF:CIALREU?F;OS
GREGOR'-,' J. SMI I'H COUNTY Rfc'LGHUER
FEF.'i 1301]
FACES- 3
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SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO. 223-810-03, 04,
05, 09,10,18, 24
PROJECT NO. & NAME: CT 05-16
La Costa Oaks North Neighborhood 3.4 & 3.5
HOLD HARMLESS AGREEMENT
GEOLOGICAL FAILURE
In consideration of the City's approval of a grading plan (DWG 446-6A) and
improvement plans (DWG 446-6) for development to occur on property described as Lots 201,
204, 211 & 217 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 more
particularly described as (APN No. 223-810-03, 04, 05, 09, 10, 18, 24), 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
H:\Development Services\PROJECTS\CT FILES\CT 05\CT 05-16 La Costa Oaks North Nei. 3.4 and 35 - Jimeno\Bonds and Agreement\HOLD HARMLESS AGREEMENT
GEOLOGICAL FAILUREfDWG 446-6AJ.doc
the construction work or improvements as specified in this agreement. The entire risk of any
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
PROPERTY OWNERS
Real Estate Collateral Management Company, a
Delaware
(sigfi here)
Fred Schimel, Vice President
(print name and title)
Date: £
By:
(sign hen
rint name and title)
Date:
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
Deputy City Attorney
(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.)
2
H:\Development Services\PROJECTS\CT FILES\CT 05\CT 05-16 La Costa Oaks North Nei. 3.4 and 3.5 - Jimeno\Bonds and AgreemenftHOLD HARMLESS AGREEMENT
GEOLOGICAL FAILUREfDWG 446-6Aj.doc
State of California-^
County of San Di
On
(Date)
personally appeared
before me,5 /
(Name, Titfe of Officer)
(Name[s] of Signer[s])
ersonally 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.
5
WITNESS my hand and official seal
Signature of Notary
(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 05-16 La Costa Oaks North Nei. 3.4 and 3.5 - Jimeno\Bonds and AgreemenftHOLD HARMLESS AGREEMENT
GEOLOGICAL FAILURE(DWG 446-6A).doc