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Home My WebLink AboutCT 97-02; Continental Ranch Inc; 1998-0656915; Hold Harmless Agreement/Release. ’ . i - RECORDING REQUESTED BY WHEN RECCRDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 'DOC 1: 1998-0656915 OCT 13. 1998 9:33 fWl 1738 aTICI# liEaim W13fNJ lmNT& ll!ml&Rm FiEfI: ’ ti.00 SPACE ABOVE THIS LINE FOR RECORDER’S USE Iki’$‘#ARC.L NO.: 221-912-12 & 13 NO, &;.N-#&@Z: CT 97-02 ,,‘ HOLD HARMLESS AGREEMENT DRAINAGE ,‘j( ‘:,_!;o : ‘? 1:: ,, 4 .::,c,, :‘# In c&#,er&j#$,j# t,,,e”‘(-,ity’s apprava, af a,&,@,$@e pfan (‘Plan ,,&; DWG ,‘$&;,A) and “ improvement plans (F&n No. 359-7 & 359-6) for ‘development to occur on property”&xribed )/3“ L!, as a portion of Section 13, Township 12 South Range 4 West and a portion of Se&$n‘~~8 & 19 Township 12 South Range 3 West, We, Continental Ranch, Inc., a ‘Delaware dor@or&on, the owners of said property promise to indemnify and to hold the city of Carlsbad, its”officers, agents and employe&%armless from”liability for injuries to persons, or damage t&or taking of property, directly or indirectly caused by the diversion of waters,“@& alteration of the normal flow of surface waters or drainage, or the concentration‘ of %&Mace waters or drainage from the drainage system or other improvements identified in the approved plans; or by the design, ,, j j construction or maintenance of the’ drainage system or other~lmprovements identified in the approved plans. Approval of the plans by the City shall not constitute an assumption by the City of any responsibility for such damage or taking. City shall not be an insurer or surety for the design or construction of the improvements pursuant to the approved plans, nor shall any officer or employee thereof be liable or responsible for any accident, loss or damage happening or Masters/Forms/Hold Harmless Agt Drainage 1 Rev. 9/19/97 ’ . - 1739 occurring during the construction work or improvements as specified in this agreement. It is further agreed that the above owner(s) will maintain all drainage systems to insure a free flow to a satisfactory point of discharge unless said systems are accepted as public facilities. It is further agreed that this agreement shall be binding on all heirs, successors or assigns having an interest in all or any part of the property described herein. IN WITNESS WHEREOF, the undersign aA h&n avamntnr( thic inctrt Imnnt thic /+ o day of b-1 I _( I 3 ,:i (, 1 , :i, tl‘:g: :, David A. Lother. Continental Ranch, Inc. + i.’ yiijri:i; II EL,.! (Print Name and Title) : ‘! II:, j I ‘_ Date: &/ 6 /99$ , (i ;,, ,, _; : (Print Name and Title) $4;’ I y:i I:_,’ I:‘;$: ., ,::; i Date: il, ,* : 1,s ,I:, cc,: I 1 (~‘13 1 [-i’ ccl ;,: : ;) :/( ,( :_: :_y: : I;;-.; ‘, ,,!“‘, : ,( 1 :,, ’ j:: z:, :,, ,( :/: i,:, I :_ ‘,: : ::,:I ‘i!!!Qf ” ‘LIIjo,I! t /&I ,: ,, (( _$/ IL eq;‘; 8 j:/,, @Ji (/(/ EL, “,(,” : ~1 _I 5: I yj p,j: 1,‘ “, ia :_a2 L< 1,: ,” 3: ,’ APPROVED AS TO FORM: RONALD R. BALL 1: City Attorney (Proper notarial acknowledgment of execution by the OWNER(S) must be attached). I MastersfFormJHold Harmless Agt Drainage Rev. 0!18/97 1740 State of California County of San Diego > On &&4/ 1, /948 before me, NM&! A. /2/,+1116’, , /&m p&f, ‘(Date)’ ’ (Name, title of Officer)’ ~,sL((!i (_:~L(_LjLi,c( , ,t:!);( personally known to me -OR - ~)‘to be-‘i&‘pe ((L: : 1:. *:( ,( (,( rson ld ) whose name VJ ) &e subscribed to ftie, within, instrument and’ acknowledged to me executed the same in i /h rlff-# tu ir authorized capacity(i’ ), signature&on the’i&troment the person J ,j;: cd + ), or entity upon behalf of whichthe person I acted, executed the-instrument. >(:a L: (_ :_ 1 ’ ,‘ .’ I$ ,) .,, : : s. ‘? 1, ,::‘a, WITNESS my hand and official seal personally appeared (Name[s] of Signer[s]) 3, : $3 q:: ‘pi (This awa for (’ I I! . ..‘.i “ 1 ‘;‘I official notary seal) ,’ ’ c ,,,) >““ (,(’ II, ‘_: ;., : : : i :,j i :,I’ : ‘,:iy,‘si.:, ; :,I :_/ : Sii’ >I / :.I’, Title or Type of Document’~ Date of Document Signer(s) other than named above‘ “ ” “ “ ‘a,Na; of Pages Masiers/FormsRlold Harmless Agt Drainage Rev. 8/l 8197 - CERTIFICATE OF CORPORATE RESOLUTION OF CONTINENTAL RANCH, INC. I, Susan M. Gaupel , Assistant Secretary of CONTINENTAL RANCH, INC., a Delaware corporation (*lCorporationll), 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 I 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. 1 CONTINENTAL RANCH,' INC., a Delaware corporation BY Assistant Secretary , . CERTIFICATE OF CORPORATE RESOLUTION OF CONTINBNTAL RANCH, INC. 174.2 I, Susan M. Gaupel , Assistant Secretary of CONTINENTAL RANCH, INC., a Delaware corporation (8*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 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