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Home My WebLink AboutCT 97-01; Continental Ranch Inc; 1998-0656916; Hold Harmless Agreement/ReleaseD0C-d 1998-0656916 215-03RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 ‘3’ “ :>, I j:: _(, c --ant!- ?;,“ I:‘ ‘_ Ag&Sj~~R’~ +&g&; 215-031-05 & 06 2,5-03,-05 & 06 Si( Si( 5’ ):: 5’ ):: ‘,222-Oil-05&06 ‘,222-Oil-05&06 ! ! 1’ 1’ : ~c2Prl-012-12 : ~c2Prl-012-12 &&&~O. &,$&l&E. ,;fj@T &&&~O. &,$&l&E. ,;fj@T RANCH0 CARRlLLiO VilAGE H RANCH0 CARRlLLiO VilAGE H ’ ’ :“ :“ *l+, *l+, 1743 OCT 13~ 1998 9:33 C1H lmclly lalRll6 WiDIESOCOUCPlROCORKR'SmE GREW~ITHI ccu&acamER : . 1998.OBS6916 :jp (: HOLD HARMLESS AGREEMENT “: “” GEOLO~k%L~ FAlLURE ,, ,, j_, (‘, :1 ~(i,, ,@,a ,’ : $l:$ In consider&n of the City’s approval a grading plan (&vg. ~~,?&&$~) and improvement plans @w$. No. 358-7) for development to occur onproperty described &$portion of Sec. 13 & 24, Tl2S, R4W, San Bernardino Mer. & portion of Sec. 18 & 19 of T12SR3W in the City of Carlsbad, State of California more particularly described as (APl$$o. ‘!&&31-05 & 06, 222-01 I-05 & 06 and 221-012-12), and other good and valuable consideration;‘~ receipt of ,‘ which is hereby acknowledged, We Continental Ranch,‘ Inc., a ‘Delaware co$oration, the owner(s) of said property promise to indemnify and to hold the City of Carfsbad, its officers, agents and employees harmless from liabflity’ forinjuries to any persons, or damage to or taking of any property including public property, directly or indirectly caused by the geological failure of any nature, type or cause or any subseque’nt damage that,may occur on or adjacent to this subdivision due to its construction, operation or maihbnance. Approval of the plans or permits, or inspection of any work done pursuant to those plans or permits by the City shall not constitute an assumption by the City of any responsibility for any damage or taking referenced in this agreement. City shall not be responsible in any manner whatsoever for the design, compaction, construction or maintenance of the slopes, cuts, fills or improvements made or done pursuant to the approved plans, nor shall any officer or employee thereof be liable or responsible for any accident, loss or damage happening or occurring during the construction work or improvements as specified in this agreement. The entire risk of any 1 Masters/Forms/Hold Harmless Agt Geological Failure Rev. 8/l B/97 1744 loss resulting from or caused by any geological failure is assumed by and shall be borne by the owner. It is agreed that the above owners will maintain all slopes and landscaping in a manner to insure slope stability to the satisfaction of the City Engineer. The owners agree to repair any damage to public improvements caused by any geological failure referred to in this agreement to the satisfaction of the City Engineer. The owners agree to repair or stabilize any slope which the City Engineer determines may fail and -~~~~~~~~~~tu, public improvements. It is further al_ ,; : AL (( ‘3, . Iv:!,,‘ 12, : agreed that this agreement shdli’ be bin&g an aall’ he~&$‘succ&sors or assigns having an interest in all or any pad of the-property ddsi&%&‘hereln. ,, ‘3 :,, ,,(I “ WITNESS WWEREGF, the undersigned ,_ ‘) has executeti this instrument this ‘3 ~: :t; day of &+( ,193 I;:,::’ 3, $: : -. .I_“ ; ‘,I i : :, ,ji’: _a< 0 : 1L &, I: :’ j>- 1‘r ,ji i ,, : : ‘: “ ‘,, ), 1. ,,,‘a 1 (print name‘and tifle) ,_ “ : : ” Date: : ” )“ i “, ,_ j.3 : +i(: .,i,j_ : ri / By: ,,) ,) “ ,‘ , i : as ; : i :*: / 1 ;q,:*::: 1,: (sign here) ;, ,, ‘), ,::_ ,,sjI_ i:l~ii_,j: (, : L i I I(!j‘i.,i.:i:.:‘::‘-.. : 11 I (ptiiil;g$&& ahd ti.le) ,‘, ,:I‘ -,, _i_,,:‘)‘I : : pa&,! “ *ji; *:. “ ~ Lo:: ;$ 2’ I_,,i,:;‘o(,_‘~‘ 3‘3‘ ‘, I, ,~ ‘Y‘,,,, 3 “1 APPROVED AS TO FORM: RONALD R. BALL (Proper notarial acknowledgment of execution by the OWNER(S) must be attached). 2 Masters/Forms/Hold Harmless Agt Geological Fatlure Rev. 8/l&37 State of California County of San Diego ) On (Name,&itle of Officer) c personally appeared /Gut. d$hxu- (Name[s] of Signer[s]) ,:‘jzi“ ‘i _( ,’ ‘Si,‘ $1“ :, rL, ,__ : in’ ‘, a,,,: ,_ s sag _. t +,’ ,: ,ZiZ:iY9iZ personally known to me -6R- (Q))kno be the (( _- subscribed to and ‘ac@owljedged Ao me that executed the same1 capacity(i+), and ttiat by@hfitir _’ ‘I or entity upon behatf&f which the.person( 7-f acted, executed the; instrument. : &:iZl “‘ “ : i’,‘i WITNESS my hand and official seal (This area for official notary,slf&YJ, ::; ‘, :L,: E : ,, If / : ;,; 1 ,‘[ ‘/ ),jl:$ b’,( _, f,i$i.il !Irjil:ii’ : $,(I ,,j :: ,” “ Title or Type of Document Date of Document Signer(s) other than named above Masters/Forms/Hold Harmless Agt Geological Failure Rev. 8/18/97 CERTIFICATE OF CORPORATE RESOLUTION OF CONTINENTAL RAElcH, INC. I, Susan M. Gaupel , Assistant Secretary of CONTINENTAL RANCH, INC., a Delaware corporation ("Corporation"), 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 and Vice Presidents of the Corporation: Chris Chambers W. Thomas Hickcox Donald W. MacKay David Lother Greg Hastings the duly elected President President Vice President Vice President Vice President 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