HomeMy WebLinkAboutCT 99-04-02; Real Estate Collateral Management Co; 2004-0740746; Hold Harmless Agreement/ReleaseDOC # 200447407465
RECORDING REQUESTED BY
WHEN RECORDED MAILTO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
I11ll1111 Ill 111111111111111 11111 111111111111111111111111111111 1111 1111
AUG 05,2004 8:47 AM
OFFICIAL RE CURDS
SAN DIEGO COUNTY RECORDER’S OFFICE GREGORY J. SMITH, COUNTY RECORDER
FEES: 0.00
PAGES: 4
SPACE ABOVE THIS LINE FOR RECORDERS USE
ASSESSOR’S PARCEL NO.: 223-720-01 thru 18
223-721 -01 thru 07
PROJECT NO. & NAME: CT 99-04-02
Villaaes of La Costa - The Ridae
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City’s approval of a drainage plan (DWG 397-3A) and
improvement plans (DWG 397-3) for development to occur on property described as attached
Exhibit “A, (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
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
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H:/Developrnent Services/Masters/Bonds & AgreeemntsIHold Harmless Agreement Drainage Rev. 12/08/98
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.
T.( IN WITNESS WHEREOF, the undersigned has executed this instrument this /e
PROPERTY OWNERS
Real Estate Collateral Mananement Comoanv. a Delaware corooration
' (Sign Here)
Fred R Schimel, Vice President
(Print Name and Title)
Date: Avai-y t?!
By: N/A
(Sign Here)
N /A
(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 City Attorney
Attorney
2 Rev. 12/08/98 WDevelopment Services/Masters/Bonds & AgreeemWHold Harmless Agreement Drainage
On ow 19 &wt before me, ils IeMC. MOR€?& I
(Name, Title of Officer)
fia s;At;e, u;ce 4cest;-s-
%%-
personally appeared
(Name[s] of Signer[s])
@.personally known to me -OR - 0
(proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s)
Ware 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.
DIANA C MORENO WITNESS my hand and official seal
(This area for
official notary seal) Signature of Notary
Title or Type of Document
Date of No. of Pages
Document
Signer(s) other than named above
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..
EXHIBIT “A”
LEGAL DESCRIPTION
LOTS 220 THROUGH 222 INCLUSIVE, LOTS 224 THROUGH 232 INCLUSIVE, LOTS 236,
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE
MAP THEREOF NO. /@3B FILED IN THE OFFICE OF THE COUNTY RECORDER
OF SAN DIEGO COUNTY, JOLQ /i/ ,2004.
241, 246 AND 247 OF CARLSBAD TRACT 99-04-02 AT LA COSTA RIDGE, IN THE CITY OF
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HYDevelopment Services/Masters/Bonds & Agreeemts/Hold Harmless Agreement Drainage Rev. 12/08/96