HomeMy WebLinkAboutCT 99-03; Real Estate Collateral Management Company; 2003-0270077; Hold Harmless Agreement/ReleaseDOC # 2003-0270077
RECORDING REQUESTED BY MEIR 11. 2003 8136 FIM
WHEN RECORDED MAILTO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr
Carlsbad, CA 92008
I SPACE ABOVE THIS LINE FOR RECORDERS USE
ASSESSOR’S PARCEL NO.: 215-030-06-00,215-030-14-00,215-061-01-00, 215-061-09-00,215-231-13-00, 215-480-02-00, 215-480-03-00
PROJECT NO. & NAME: CT 99-03
Villages of La CostdAlicante Road South 4 347- LB
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City’s approval of improvement plans (DWG No.397-2D) for
development to occur on property described as a portion of Parcel 3 of Parcel Map No. 1188, 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, together with that
portion designated as ”not a part of this parcel map” No. 1188. Also that portion of the south
half of section 25 lying northerly of Alga Road, excepting thereof that portion lying northerly of
the 200 foot wide SDG&E easement recorded June 18, 1954 in Book 5273, Page 432, O.R., in
the City of Carlsbad, County of San Diego, State of California, (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.
Rev. 12108198
Approval of the plans by the City shall not constitute an assumption by the City of any
,esponsibility for such damage or taking. City shall not be an insurer or surety for the design or
:onstruction of the improvements pursuant to the approved plans, nor shall any officer or
?mployee thereof be liable or responsible for any accident, loss or damage happening or
xcurring 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
tee flow to a satisfactory point of discharge unless said systems are accepted as public
'acilities.
It is further agreed that this agreement shall be binding on all heirs, successors or
%signs having an interest in all or any part of the property described herein.
IN WITNESS WHEREOF, the undersigned has executed this instrument this 10%
PROPERTY OWNERS
Real Estate Collateral Management Company, a
Delaware Corporation
By:
(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
:ertified 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
) County of San Diego 1
(Date) (Name, Title of Officer)
personally appeared n- V A . 1z)Gt ++ 3
(NameH of SignerM)
,&personally known to me "a
(n) to be the personH whose nameJ%j'
idare subscribed to the within instrument and acknowledged to me that he/sbeH+ey
executed the same in his/he&be+ authorized capacity(ies), and that by his/kerUkeir
signature# on the instrument the person@, or entity upon behalf of which the personw
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