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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 1 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 3 I H:/Developrnenl ServcieslMasterdBonds 8 AgreemenWHold Harmless Agt Geological Failure Rev. 12/06/98 .. 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