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Home My WebLink AboutCT 98-18; Ryland Homes Of California; 2000-0424324; Hold Harmless Agreement/ReleaseRECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 3773 DOC : 2000-0424324 - CIUG 109 2000 xl=30 fvl omcI& RECUN StW DIES0 MUNTV RECORER’S OFFICE GREG0RY Erm’ 7!EoauRoER . , . SPACE ABOVE THIS LINE FOR RECORDER’S USE “ ,,, ,:,, ‘,. ,$Bt_‘D HARMLESS AGREEMENi , ’ ,~‘i” L DRAINAGE ::_ ,1 L :,.i‘$ $;,:$,l ,~@ _) ‘., ,(c_L tlilJ: ,((~ ,,,: ;:;i g* I,, ;3, ~I :<~ :jp-:, 1 I~’ ‘ytbj I;i, “ ‘$j ‘, ,,i’L.&$:, ~n co~side~~~~~~~~ the ’ Crty’s a~~~~vv~“;of‘a ‘drainage plan (Plan Nb; DWC; i:~~~, A) and ‘! L( iii’,‘ ((!$ improvement!+plams (l&n No. DWG ,387-l) for development to occur on property de#dbed as ((&:: I ;,&:: : ;.:$$I ’ the southeast quartei:‘of the southeast quarter of: the southwest qua& of section 2$i; ‘township i,‘, $ t : 12 south, range 4 west, San Bern&dino base arid ‘meridian; in the C%y of Carl&ad, County of ;(,I I( :_], : ‘L(( ,,;.i.i -’ San Diego, State of@&$rnia, &&&ing to United States survey $&roved’Apnl21’,“?&0. We, 0 “ ’ ? : ‘/ Ryland Homes& Calif&ri7a, the owners of said property promise to indemnlflr and:‘to hold the ,(i City of Carlsbad; hits oft&era, ‘%&Ms and employees harmless’ from liability&r injuries to ,iiS, persons, or damage,:~~~r~ialdng’~~~~~~~~aftji,~:~diree~~ & fhdi&&y mused’ by”the diversion of ),’ waters, the alteration of the&rmal flow of sc,lieace waters or’drainage,. or the concentration of ? i) surface waters or drainage from‘ ~h~~~~~~~~“,sy~t~~ ~&r&her ln-rprovements 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 Masters/Forms/Hold Harmless Agt Drainage 1 Rev. 12/08/98 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 ~~~~~~~~~~~~~~ described herein. (; 6’ “ “ pi i ,,,; : day of ,, ‘i:iia w, ( (>: e, l&l, G@“’ izi;,l (““” ), : : ij a ,,,( : @: :“.kROPERw OWN&i:fil.‘ (E)~), ,I,( : “ ,;:(: L “ Rvland Homes of California” l”“‘~‘: L J$!’ ,L_ ,: ‘: (,:: .,,/ ~:/ ‘&:, j,: “ “ ),:~ (Print Name and Title) ,‘( ,i,j : ) “ ‘DateI $“& - 00 I ! / I’L ~: : ,,,:.;p;ir “‘,‘p:ii:” _I 3* :I ‘,$’ (Proper notarial a~~~owle~~~~~n~~~~~~~tion by ~~~~~~&$$~st be a&&j) ;:& (Chairman, president or.:iiiciiipresident’and...secretary, assistant se&t&y CFO or assistant treasurer must sign for corpor&ions. Otherwise, the Gorporation 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: I Masters/Forms/Hold Harmless Agt Drainage Rev. 12/08/98 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County Of SAN DIEGO On MAY 26, 2000 before me, C. HALPER, NOTARY PUBLIC DATE NAME, TITLE OF OFFICER _ E.G., “JANE DOE. NOTARY PUBLIC personally appeared GILBERT J. MILTENBERGER AND MICHAEL R. FORSUM NAME(S) OF SIGNER(S) &I personally known to me - OR - 0 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, SAN MEG0 COUNTY executed the instrument. OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNED cl INDIVIDUAL cl CORPORATE OFFICER DESCRIPTION OF AlTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT TITLE(S) q PARTNER(S) cl LIMITED 0 NUMBER OF PAGES GENERAL El ATTORNEY-IN-FACT UTRUSTEE(S) DATE OF DOCUMENT 0 GUARDIAN/CONSERVATOR cl OTHER: SIGNER(S) OTHER THAN NAMED ABOVE SIGNER IS REPRESENTING: NAME OF PEASON(S] OR ENTITY(IES) , i-.c CERTIFICATE OF SEC~TARY .- M. Melinda Thompsori, Assistant Secretary of Ryland Homes of California, Inc. (the “Corporation”), certifies on behalf of the Corporation that Michael R. For-sum and Brian P. McGowan are duly appointed Vice Presidents and Bill Winston, Greg Balen and Gil MiItenberger are duly appointed Assistant Secretaries of the Corporation and as such each is separately authorized to execute on behalf of the Corporation land development agreements such as Agreements, Bonds, Easements, DRE and related documents that are binding to the Corporation, I have executed this Certificate on behalf and as Assistant Secretary of the Corporation this fi day of May 2000. RMslND HOMES OF CALIFORNU, INC. Assistant Secretary STATE OF MARYLAND COUNTY OF HOWARD a:. This Certificate of Secretary was acknowledged before me this of May 2000 by M. Melinda Thompson as Assistant Secretary of Ryland Homes of California, Inc., a Delaware corporation, on behalf of the Corporation. My commission expires: I/--- k-0 /