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HomeMy WebLinkAboutPUD 05-11A; Real Estate Collateral Management Company; 2008-0173962; Hold Harmless Agreement/ReleaseDGC# 2008-0173962 RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 APR 02, 2008 4:17 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH. COUNTY RECORDER FEES: 0.00 PAGES: 12570 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 223-830-42-00 PROJECT NO. & NAME: PUD 05-11 (A) La Costa Oaks North Recreation Center HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan (DWG 446-4B) for development to occur on property described as Lot 81 of CT 05-14 per Map 15595 recorded August 22, 2007, according to Map thereof No. APN 223-830-42-00, 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 H:\Development Services\PROJECTS\PUD FILES\PUD 05\PUD 05-11 (A) La Costa Oaks North Rec CentertB & A\HOLD HARMLESS AGREEMENT DRAINAGE (DWG 446- 4B).doc 12571 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 jf day of fi^AA*^ 20^. & PROPERTY OWNERS Real Estate Collateral Management Company, a Delaware corporation Here) Fred R. Schimel, Vice President (Print Name and Title) Date: 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: JO/Ji Deputy City Attorney 2 H:\Development Services\PROJECTS\PUD FILES\PUD 05\PUD 05-11(A) La Costa Oaks North Rec CentertB & A\HOLD HARMLESS AGREEMENT DRAINAGE (DWG 446- 4B).doc 12572 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of 0§DSQQ& Illinois County of Cook On February 8, 2008 before me,Dale personally appeared Fred Schimel Diana C. Moreno, Notary Public Here Insert Name ana Title ol the Outer Name(s) ol Signers) "OFFICIAL SEAL DIANA C. MORENO NOTARY PUBLIC, STATE OF ILLINO MY COMMISSION EXPIRES 10/4/2009 who 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 his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Place Notary Seal Above WITNESS n/y\hand and official seal. Signature. OPTIONAL Signature of Notary Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Number of Pages:. Signer's Name: G Individual D Corporate Officer — Title(s): D Partner — G Limited G General G Attorney in Fact ('.: Trustee Li Guardian or Conservator 12 Other: Signer Is Representing: _ RIGHTTHUMBPRINT OF SIGNEH Top of thumb here Signer's Name: u Individual G Corporate Officer — Title(s): G Partner — G Limited C General C Attorney in Fact G Trustee D Guardian or Conservator !_! Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of 1humb Mere ©2007 National Notary Association • 9350 De Soto Ave.. P.O. Box 2402 • Ctiaffiworth. CA 91313-2402- ivww.NationalNotary.org Item 05907 Reorder- Can Ton-Free i •800-876-6827