HomeMy WebLinkAboutCT 99-04-02; Real Estate Collateral Management Co; 2004-0740747; Hold Harmless Agreement/ReleaseDOC # 2004-0740747
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA. 92008
l1lll1111 Ill 111111111111111111111111111111 111111111111111 11111 Ill1 1111
AUG 05,2004 8:47 AM
OFFICIAL RECORDS SAN DlEGU COUNTY RECORDER’S OFFICE GREGUH‘f J. SMITH, COUNTY RECORDER
FEES: 0.00
4 PP.G E S:
I111111 Ill11 Ill11 Ill11 Ill11 Ill11 Ill11 1111 Ill11 Ill11 Ill1 11111 lllll Ill11 Ill1 111
SPACE ABOVE THIS LINE FOR RECORDER’S USE
ASSESSOR’S PARCEL NO. 223-720-01 thru 18
223-721-01 thru 07
PROJECT NO. & NAME: CT 99-04-02
Villages of La Costa - The Ridge
HOLD HARMLESS AGREEMENT
GEOLOGICAL FAILURE
In consideration of the City’s approval of a grading plan (DWG 397-3A) and
improvement plans (DWG 397-3) for development to occur on property described in Exhibit “A,
and other good and valuable consideration, receipt of which is hereby acknowledged, I/(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
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
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H:/Development Servcies/Masters/Bonds 8 AgreementsfHold Harmless Agt Geological Failure Rev. 12/08/98
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
Ffd dayof -dovkrr ,209.
PROPERTY OWNERS
Real Estate Collateral Management Company, a
Delaware corporation
8 (dign here)
Fred R Schimel, Vice President
(print name and title)
By: N/A
(sign here)
N/A
(print name and title)
Date:
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
(Pkkr 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 I H:IDevelopment ServcieslMastenlBonds & AgreementsJHold Harmless Agt Geological Failure Rev. 12/08/98
On &W 17 2@ before me, b lM4 t. /ctd R€xm ,
personally appeared Sect re-.. Gcp Q n?f I b3l.c
* (Name, Title of Officer)
(Name[s] of Signer[s])
lg personally known to me -OR - 0
(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 hislherltheir
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
MTAW me, STATE OF ILLtNois
' (This area for
Signature of Notary official notary seal)
Title or Type of Document
Date of No. of Pages
Document
Signer(s) other than named above
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..
EXHIBIT “A”
LEGAL DESC RI PTl ON
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. /q$3@ FILED IN THE OFFICE OF THE COUNTY RECORDER
OF SAN DIEGO COUNTY, Ju LY 14 ,2004.
241, 246 AND 247 OF CARLSBAD TRACT 99-04-02 AT LA COSTA RIDGE, IN THE CITY OF
Rev. 12/08/98