HomeMy WebLinkAboutCUP 05-06; Real Estate Collateral Management Company; 2007-0278671; Hold Harmless Agreement/ReleaseRECORDING REQUESTED BY
WHEN RECORDED MAIL TO
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr
Carlsbad, CA 92008
APR 24, 2007 3.20 PM
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.: 223-032-01
223-071-11
PROJECT NO. & NAME: CUP 05-06
La Costa Oaks North Neighborhood 3.2
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City's approval of a drainage plan (DWG 442-1 A) for
development to occur on property described as Lots 194, 195, and 201 through 219 inclusive,
City of Carlsbad Tract 99-04-03 Villages of La Costa - La Costa Oaks North in the City of
Carlsbad, County of San Diego, State of California, according to map thereof No 15318, filed in
the Office of the County Recorder of San Diego County, April 18, 2006), according to Map
thereof No. APN 223-032-01 and 223-071-11, 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
Jo 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
H \Development Services\PROJECTS\CUP FILES\CUP 05\CUP 05-06 ICON Neigh 3 2 RV Storage - Jimeno\Bonds and AgreemenftHOLD HARMLESS AGREEMENT
DRAINAGE (DWG 442-1) doc
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(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.
IN WITNESS WHEREOF, the undersigned has executed this instrument this
day of iM(Jtk\br , 204 £
PROPERTY OWNERS
Real Estate Collateral Management Companv, a
Delaware corporation
/(Sign Here)
(Print Name and Title)
Date. II !&$/&>
By: _
(Sign Here)
(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
By _
eputy City Attorney
2
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DRAINAGE (DWG 442-1) doc
State of California
County of San Diego
On U|1S[OP before me, Wild/Ill f Po hfo
(Date)
personally appeared
(Name, Title of Officer)
(Name[s] of Signer[s])
j [personally known to me -OR - D
(proved to mo on- trie-basis of-satiofactory evidence-) to be the person(s)-whose name(s}
is/afe subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/bef/their authorized capacityftes); and that by his/bec/theiL
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
MICHELE POKTO
Ndary Public - CcHltomta
San Dtego County
MyComm.Exptmhtov29.20OT
Signature of Notary
(This area for
official notary seal)
Title or Type of Document
Date of Document No. of Pages
Signer(s) other than named above
H \Development Services\PROJECTS\CUP FILES\CUP 05\CUP 05-06 LCON Neigh 3 2 RV Storage - Jimeno\Bonds and AgreementMHOLD HARMLESS AGREEMENT
DRAINAGE (DWG 442-1) doc