HomeMy WebLinkAboutCUP 05-06; Real Estate Collateral Management Company; 2007-0278672; Hold Harmless Agreement/ReleaseRECORDING REQUESTED BY
WHEN RECORDED MAIL TO
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr
Carlsbad, CA 92008
DGC# 2007-0278672
OFFICIAL RE CORDS
S4N DIEGO COUNT ij RECORDER'S OFFICE
GREGORV.I SMITH, COUNTi1 RECORDER
FEES n 00
PAGES ':
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO. 223-032-01 and
223-071-11
PROJECT NO. & NAME: CUP 05-06
La Costa North Neighborhood 3.2
HOLD HARMLESS AGREEMENT
GEOLOGICAL FAILURE
In consideration of the City's approval of a grading plan (DWG 442-1 A) and
improvement plans (DWG 442-1) 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, more particularly described as APN No 223-032-01 and 223-071-11, and other good
and valuable consideration, receipt of which is hereby acknowledged, l/(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
H \Development Services\PROJECTS\CUP FILES\CUP 05\CUP 05-06 ICON Neigh 3 2 RV Storage - Jimeno\Bonds and AgreemenfiHOLD HARMLESS AGREEMENT
GEOLOGICAL FAILURE (DWG 442-1, 1A) doc Rev 12/08/98
owner
It is agreed that the above owners will maintain all slopes and landscaping in a manner
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
day of
PROPERTY OWNERS
Real Estate Collateral Management Company, a
Delaware corporation
By ^^_
(sign here)
Date.
(print name and title)
By
(sign here)
Date-
APPROVED AS TO FORM.
RONALD R. BALL
City Attorney
(print name and title)
Deputy City Attorney
(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.)
H \Development Services\PROJECTS\CUP FILES\CUP 05\CUP 05-06 LCON Neigh 3 2 RV Storage - Jimeno\Bonds and AgreementMHOLD HARMLESS AGREEMENT
GEOLOGICAL FAILURE (DWG 442-1. 1 A) doc Rev 12/08/98
J
State of California )
)
County of San Diego )
On
(Date)
personally appeared
before me,
(Name, Title of Officer)
(Name[s] of Signer[s])
t 0"personally known to me -OR - D
.tocoved-te-me on Hie basis of-sate£actQry_evidence)io be the personfs) whose name(6)
is/afe- subscribed to the within instrument and acknowledged to me that he/she/tbey-
executed the same in his/hef/thetr authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or entity upon behalf of which the personfs)
acted, executed the instrument
WITNESS my hand and official seal
Signature of Notary
MtCHELE POLITO
Commission # 1618294
Notary PubBc-Cottfomta
Son Dtego County
MyComm.Exph»iNov29.2009
(This area for
official notary seal)
Title or Type of Document
Date of Document
Signer(s) other than named above
No of Pages
H \Development Services\PROJECTS\CUP FiLESVCUP 05\CUP 05-06 LCON Neigh 3 2 RV Storage - Jimero\Bonds and AgreemenWHOLD HARMLESS AGREEMENT
GEOLOGICAL FAILURE (DWG 442-1, 1A) doc Rev 12/08/98