HomeMy WebLinkAbout; MLHM/Woodward Ltd; 1992-0616156; Hold Harmless Agreement/Release351 Lx tl 1992-061615~ ZP-SEP-1992 11=24 AM
1 RECORDING REQUESTED BY: City of Carlsbad
WHEN RECORDED MAIL TO:
UFFICIM RECORDS SllN DIE60 COUNTY RECORDER’S OFFICE
1 ’ 1 c-7
ANNETTE EVANS 3 ~&l~TY RECORDER : 0.00
City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008
’ “sLc)pE &## El'lf $!&SEMBWT OF'tiWSTRUCTION @@Z?TED T%J,TEfliE %ITY OF CABXc#B$l3"
In consideration of-%LBH, Inc.c a California Corporation and
Woodward Ventures, LTD, a California Limited Partnership,
hereinaf%er MLBM/Woodward, executing a Grant Deed of Easement to
the City of Carlsbad, hereinafter City, for a temporary easement
of consttiction and slope easement on, over under and across a
portian of that certain parcel of land described in the deed
recorded as Document Number go-029540 in the Office of the County
Recorder of San Diego County, State of California I City agrees
to indemnify, defend and hold MLBM/Woodward and MLBM/Woodward's
successors and assigns harmless from any and all costs, expenses,
losses, attorney's fees and liabilities (including, but not
limited to, claims of mechanii=s' liens) incurred or sustained by
MLBM/Woodward as a result Of any acts by City, its
representatives or agents in connection with the rights granted
to City by the easement.
This agreement shall terminate 30 days after City causes a
notice of completion to be recorded for the construction project
known as Palomar Airport Road and El Camino Real Widening,
Project Number 3166 or reconveys or relinquishes said easement to
the owner of the underlaying fee title at such time of filing
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352 -
said notice of completion or relinquishment or reconveyance of
said easement, whichever occurs first. The obligation to hold
harmless or of indemnification by the City shall continue to
MLBM/Woodward as to causes of action arising prior to the filing
of a notice of completion for said project or relinquishment or
reconveyance of said easements"' '!&is agreement between City and
MLBM/Woodward doe& not'waive'any existing or future development
fees or exactions or vitiate any existing agreements between City
IN W3?I!NESs' WBEREOF, the undersigned has executed this
w(#.& $& instrument*thr day of ,,hn'l I 194t .
DATED <, ~' DATED
Woodward Ventures, X&cl.
Ey: Woodward Corporation, a General Partner og Woodward California
(Signature)
Name &L.% @+wP\e&? (T e or Print)
P Q&x%Jr ~,,
Name #bib?& &=%?%-+&%i?
Title (Type or Print) (Type or Print) Title *m
BY- .- (Type or Print) (Signature)
Name (Type or Print)
Title (Type or Print)
APPROVED AS TO FORM: ATTEST:
/zL&* L t2Jl!z&d+- RONALD R. BALL f./tL@yt l ALETBA L. RAUTENKRANZ Acting City Attorney City Clerk
(Notarial acknowledgement of execution by the OWNER(s) must be attached)
STATE OF CALIFORNIA e COUNTY OF Oranse ;ss. -1 353
u r 2 On AIKJt.Wt 71, 1992 , before me, the undersigned, a Notary Public in and for
is r said State, personally appeared Don E. Woodward and
$Z
‘= x , personally known to me (or proved to me on the basis
v- ,E
:s of satisfactory evidence) to be the persons who executed the within instrument as
52 -- President sDKflX wm=aWQfm rd r- 'n ar : ln+ mc : .! the corporation therein named, and acknowledged to me that said
‘2 & corporation executed the within instrument pursuant to its by-
I zz laws or a resolution of its board of directors, said corporation being
F-c. &S known to me to be one of the partners of
I s. T,tds
G the partnership that executed the within instrument, and ack-
? nowledged to me that such corporation executed the same as
‘D such partner and that such partnership executed thasame.
nd and officials
(This area for official notarial seal)
354
STATE OF NEW YORK )
1 COUNTY OF NEW YORK )
On this the 17th day of August 1992, before me, ALICE J.
DUTTON, the undersigned Notary Public, personally appeared LOUIS C.
WARD, personally known to me to be the person whose name is
subscribed to the within instrument, and acknowledged that he
executed it.
WITNESS my hand and official seal.
/et. D& Notary's Signature
ALICE DUTTON
N&v public, State of New York No. 31m154
~a\ified in New York County
@mmission Expires
L 355
The undersigned hereby certifies that Louis C. Ward is a duly
MLHM, INC.
SECRETARY'S CERTIFICATE
elected or appointed, qualified and acting officer of MLHM, Inc.
(the 88Corporation1v) holding the office of President.
IN WITNESS WHEREOF, the undersigned has hereunto set his hand
as of the 13th day of August, 1992.
I
.*
, , \
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356
MLHM, INC.
DELEGATION OF AUTHORITY
The undersigned being the Secretary of MLHM, Inc. (the
VorporationPt), hereby authorizes, empowers and directs Louis C.
Ward to execute and deliver, on behalf of the Corporation, all
documents and agreements as he shall determine, in his judgment, to
be necessary, appropriate or advisable, relating to the
Corporation. All acts heretofore done by Louis C. Ward in
executing documents on behalf of the Corporation are hereby
ratified, approved and confirmed in all respects.
II WITNESS WHEREOF, the undersigned has set his hand as of the
19th day of August, 1992.
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