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HomeMy WebLinkAboutCT 99-03; Real Estate Collateral Management Company; 2003-0270073; Hold Harmless Agreement/ReleaseDOC # 2003-0270073 RECORDING REQUESTED BY WHEN RECORDED MAILTO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 MAR 3-15 2003 8~36 RM SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 213-030-11-00,215-021-07-00,215-030-06-00, 215-030-14-00,215-031-08-00, 215-052-15-00, 215-061-01-00,215-061-09-00,215-480-02-00, 215-480-03-00 PROJECT NO. & NAME: CT 99-03 "PlALi '397- 2-G Villages of La CostdAlga Road HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of improvement plans (DWG No. 397-26) for development to occur on property described as a portion of Parcel 3 of Parcel Map No. 11 88, in the County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, December 20, 1972 as file No. 340334 of Official Records described as Parcel "A in Deed to La Costa Land Company, filed in the Office of the County Recorder of San Diego County, September 7, 1973 as File No. 73-245058 of Official Records, said land being that portion delineated and also that portion of the south half of Section 25 lying northerly of Alga Road, excepting there from that portion lying northerly of the 200 foot wide SDG&E easement recorded June 18, 1954 in Book 5273, Page 432, O.R., (l)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 zoncentration 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 . 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@) 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 L CbwkXW ,20& PROPERTY OWNERS Real Estate Collateral Management ComDanv. a Delaware ~~ CorDoration By: A/#&& - (Sign Here) David A. Watts, Vice President (Print 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.) APPROVED AS TO FORM: RONALD R. BALL City Attorney By: State of California 1 1 County of San Diego 1 Deccrvl ke-r . On 1 D, aooa- before me, ImC personally appeared Ddt L'fd A . bV6f f f s (Date) (Name, Title 01 (Namevof Signerls3) , @personally known to me .6R;ft (0 to be the person whose name is/aj subscribed to the within instrument and acknowledged to me that he/skeCKteg executed the same in his/-thorized capacitym and that by his/- Yf Y signature@ on the instrument the person$ or entity upon behalf of which the acted. executed the instrument, WITNESS my hand and official seal (This area for Signature of Notary official notary seal) Title or Type of Document Date of Document