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Home My WebLink AboutCT 97-01; Continental Ranch Inc; 1998-0656917; Hold Harmless Agreement/Release.- ‘--DOCJ 1998-0656917 RECORDING REQUESTED BY WHEN RECORDED MAIL TO: _ ‘OCT 13 m 1998 9:33 RM 1747 OFFIcIlY lEcoRu6 ~~~~~~~ f&i: ’ 16.00 City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 SPACE ABOVE THIS LINE FOR RECORDER’S USE 5, : _“ ~- ,C’, 3 &&@SS&@PARCEL NO,: :):_’ ;;;-E;; -(I; 2 ;; ‘) _( : ‘, 221:012:12 “‘ PRCi&CT NO.,,& NAME: ,@I 97-01 ~~~~~~,~~~~I~~0 VILLAGE H ~( I,(~( ! “ ( ,‘) , ,l> ./i ><I j 4~3 j3~l 1 i’ j HOLD HARMLESS AGREEMENT ,l. DRAINAGE (’ :; 1, I I:, : ’ <_’ I (3‘ ,. ,‘( :, IS ;: >_ )‘,( In consideratiqfiq of the City’s approval of ,a drainage plan (Plan No 358-74). and/or c: (, 1 jll improvement plans (Plan No. 358-7) for development to occur on property describe~a~ portion ~1’ i of Sec. 13 & 24, TI2S? R4W, San Bernardino Mer. & portion of sec. 18 & 19 of T12B’cR3W in ,’ : ‘. the City of Carlsbad,,$tep of Califarnia, We, Continental Ranch, Inc. a Delaware,qrporation, ,* ,“, the owners of,said pro~@~!lpromise to indemnify and to hold the City of Carlsb{d, ‘&s officers, ._ _, )) ,a: . ...& ,,. (/ agents and employees harmless from liability for injuries to persong;or ,damage to or taking of ,‘:“, I ,, property, directly or /ndirectly caused,by the diversion of waters, the alteration of the normal 0 3 flow of surface waters or drainage, or the concentration of surface waters or drainage from the drainage system or other improvements, identified in ,the, approved plans; or by the design, ‘_,I SE:: c construction or maintenance of the drainage system or other improvements identified in the approved plans. Approval of the plans by the City shall not constitute an assumption by the City of any responsibility for such damage or taking. City shall not be an insurer or surety for the design or construction of the improvements pursuant to the approved plans, nor shall any officer or Masters/Forms/Hold Harmless Agt Drainage i. (r t .I. _ 1 : . Rev. 8/l 8197 . I . i 1748 employee thereof be liable or responsible for any accident, loss or damage happening or occurring during the construction work or improvements as specified in this agreement. It is further agreed that the above owner(s) will maintain all drainage systems to insure a free flow to a satisfactory point of discharge unless said systems are accepted as public facilities. It is further agreed that this agreement shall be binding on all heirs, successors or assigns having an interest in all or any part:uf:tfi~~rpi~~~rtyd,escribed herein. , j((:,y,II >; IN WITNESS WHEREOF, the’u&tersigned ‘his executed this instrument this /#& day of &‘I ,19@, :, PROPERTY OWNERS ‘* ‘:; Continental Ranch, Inc., a Delaware corporatien @pk!!P) I, t:pi!i : ~( ,~1 i, ,, ;:_;;.$i;i;;‘~;j t q“ s:~;~~:~,i I;[ David A. Lother, Vice ‘President, Continental Ranch (Print Name and Title) (~ 0, : Ed,,_ ~‘j Date: km‘//4 If38 ,:g gpi, ,::;I$ (~(i‘;‘~._ ,! I! @II ii,: . L,,, (@:‘: : APPROVED AS TO FORM: RONALD R. BALL City Attorney ~~::Ii:l ;)( jl * : t: i ‘i, ,‘ BY: I_‘ .ii.i ;.I,‘: ,) $i‘ : ($@m HW I,i ! (print N&e and’&;) j iII,Ili: lsEj);.. i ii‘ “” “ +:‘; : ,~ ,i : _(-:I~, t j);:/: ‘, ,I L( ;, (, Date: ,’ ,,‘z3.~i’iI;* Lo ::‘!‘: ,, (L‘ r:,:,, (’ l,,i :ii( : (~~ ~( __1 ,( ,,, (Proper notarial acknowledgment of execution by the OWNER(S) must be attached). Masters/Forms/Hold Harmless Agt Drainage Rev. B/18/97 . : State of California County of San Diego ) - 2.. 1749 personally appeared (Name[s] of Signer[s]) I.2 ,,i ,‘ _, ,: L personally known to me -m ;,>( ;;,I~: (‘: j (~ _t I‘!, :‘;:~ _ .:- j-j ‘I]~&~,,~ ,( ,‘ ‘3 ,I‘i( -1; “, f 1:’ I “ ,,,, .“:;‘i”, j’( f, I ,E a:~,,&.3 a_, “ (, (‘ ,:“ / ~,:A ~ (.( CC $ to be whose name ) f subscribed to the within instrument and acknowledged to:‘&%? tha@&$ey executed the same in@/tt$ir authorized capacity($), and that”‘by &$&r/tJ&ir signature( on the’k?&ument the person@, or entity upon behalf of which &e person 4 ) acted, executed, tI##hstrument. :;i;;j.; ,, l.,& : :::,: ,~‘~J: : I( (8:‘;~ ” ‘,jk!_$ ( ,: “ (:,,,y WITNESS my hand and official seal I ,t,:,_ ~::‘(I: 5, 1 ;,:,! : I (This a~ea;‘for “’ (L::: tilr/:j official notary seal) 1 (i: ‘<:,; 1 ,A ‘,a ,, 8,: ,,;>.‘j ‘3“ ‘? :::q, I I ,,S‘, ,($ Y’?j 3 Title or Type of Document Date of Document Signer(s) other than named abotie Masters/Forms/Hold Harmless Agt Drainage Rev. 8118/97 CERTIFICATE OF CORPORATE RESOLUTION OF CONTINENTAL FtANCH, INC. I, Susan M. Gaupel , Assistant Secretary of CONTINENTAL RANCH, INC., a Delaware corporation (Yorporation@@), do hereby certify that I am a duly elected, qualified and acting officer of the Corporation and, as such, I am familiar with the books, minutes and records of the Corporation; that no provision of the Articles of Incorporation or Bylaws of the Corporation requires that any action or signature of the Corporation be attested by a corporate officer; that there is no provision in the Articles of Incorporation or Bylaws of the Corporation limiting the power of the Board of Directors to adopt the hereinafter stated resolutions;- that the following is a true and accurate copy of resolutions duly adopted by the Board of Directors of the Corporation, on October 20, 1997 either at a duly held meeting of the Board of Directors or by unanimous written consent of all members of the Board of Directors of the Corporation; and that said resolutions have not been modified, rescinded or revoked and are now in full force and effect: RESOLVED, that one signature from the President or any of the Vice Presidents of the Corporation listed below is required for any and all documents related to planning, engineering, mapping, development or construction associated with property owned by Continental Ranch, Inc.; including but not limited to maps, easements, agreements, permits, dedications, etc.; and RESOLVED, the following persons are the duly elected President and Vice Presidents of the Corporation: Chris Chambers President W. Thomas Hickcox Vice President Donald W. MacKay Vice President David Lother Vice President Greg Hastings Vice President RESOLVED FURTHER, that one signature from the President or any of the above-designated Vice Presidents is sufficient by itself to bind the Corporation in furtherance of these Resolutions. WITNESS my hand on this 20th day of October, 1997. CONTINENTAL RANCH,' INC., a Delaware corporation Assistant Secretary