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Home My WebLink AboutCT 96-02; Terraces At Sunny Creek, The; 2000-0173369; Hold Harmless Agreement/Release. f ?k. ‘C * C . . DOC 3: 2000-0173369 c, ’ RFkORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad. CA 92008 CIPR 05s 2000 II:57 fw 3741 mICIlYREcu?Ds w&y cm& tlEcmDJ= FiES: ' 16.00 lllilillllll~lllllll~ll~i111111lllllillllllill 2000-0173369 SPACE ABOVE THIS LINE FOR RECORDER’S USE DRAINAGE .:- ,- ~_,> ,_I, ,lj L, I %,,, _ 2. 1, .,I, 3 :i , +~/ improvernd?t’~~~~s”[~l~n No. 361-6)” ‘for development to occur on property &escr&$‘&as the i ,), (,’ qill:, & (, ; ):_/ ,*I,/ waters, the alt&&$~‘~~@@ r&&f##~fiow of surf& &;vaters or d&&i@& ‘& the; &$$centration of : :,,, ),, j ;, _, “, ‘(, ,- 1‘1, L( )(, ,,,, ,( ,f’ ‘ j ,- I _I( ,LL(, :, ( 3-i) “;i* :;I,!, approved plans; or by the ‘~~sign:,-!c~~Ptruai?~~~~~r ~~inten~~ce.~ofi’~~~~~inage system or other ic,: j # .$L I /(( I ,_,_( r:r,E. .‘, a a., L. improvements identified in the approv&’ p&qp;i:~;,~,: j~i li .-f:%:‘E~,.fr. in ” ib?C .I :_j [ii,:! , j 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 occurring during the construction work or improvements as specified in this agreement. Masters/Forms/Hold Harmless Agt Drainage 1 4 Rev. 1 Z/08/98 , y 1, . ‘7 -, 3742 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 undersigned has executed this instrument this L?<“- day of Fpb &k,3 a California limited ,, :,_?a gj ‘_I ,c ‘, ~’ i1 ,/j’ :_I /o 1 Masters/Forms/Hold Harmless Agt Drainage Rev. 1 Z/08/98 -- . 3743 CALIFORNIA ACKNOWLEDGEMENT STATE OF CALIFORNIA 1 COUNTY OF San Diego 1 I On February ‘25, 2000 beforeme, Jeanette Taylor, Notary Public ’ DATE NAME, TITLE OF OFFICER - E.G., “JANE DOE, NOTARY PUBLIC” personally appeared, George Szabo, Jr. personally known to me (or 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, executed the instrument. WITNESS my hand and official seal. &TARY PUBLIC SIGNAMJAE OPTIONAL INFORMATION TITLE OR TYPE OF DOCUMENT Hold Harmless Agreement Drainage DATE OF DOCUMENT no date NUMBER OF PAGES SIGNER(S) OTHER THAN NAMED ABOVE - 2 - 3744 ATTACHMENT TO HOLD HARMLESS AGREEMENT DRAINAGE STATE OF CALIFORNIA > ) ss COUNTY OF SAN DIEGO ) On February 29,2000, before me, Jonni Mason,a Notary Public in and for said County and State, personally appeared WILLIAM PARK, proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. JONNI MASON Canm’ksion # 1237774 NotcxyPlJbk-canfomia i San mgo county MyCcmm.ExpbOctl2 PKNS\OOZ 169 1, WP Y - RESOLUTION OF THE TERRACES AT SUNNY CREEK LLC The undersigned, Gateway Ivey Ranch Associates, Inc., a California corporation, and Can Am Properties LLC, a California limited liability company, constituting all of the Members of (collectively the “Members”) of The Terraces at Sunny Creek LLC, a California limited liability company (the “Company”), hereby certirj7 that: 1. The Members are all of the Members of the Company; 2. The following resolution is hereby adopted by the Company: RESOLVED: George Szabo, Jr., President of the Company, is hereby authorized to sign the final subdivision map for the Company’s real property (currently subject to City of Carlsbad Tentative Tract Map No. 96-02), any bond and public improvement agreements associated with the final subdivision map or development of the real property, and any other documents required by bonding companies or the City of Carlsbad in connection with the development of the real property and recordation of the final subdivision map. 3. The foregoing resolution has not been amended, rescinded, or modified and is in full force and effect on the date hereof. This resolution may be executed in one or more counterparts, and shall be effective when executed by all of the undersigned. Dated: February 1, 2000 Gateway Ivey Ranch Associates, Inc. A California corporation , CanAm Properties, LLC A California limited li@lQ company dl979lminll6 , FEE(-07-00 MON 05:24 PM HSR&G . FAX NO, 619-332 6828 p,O2/03 Limited Liability Company Authorization of CanAm Properties LLC, a California Limited Liability Com,pa,ny,..---- - - ------------- To: City of Carl&ad (,“CXy”) Re: CanAm Properties LLC, a California limited Iiability company (l’CanAm”) The Terraces at Sunny Creek, a California limited liability company (“Terraces”) The person and entity signing below re,present to the City the following: 1. The undersigned are all of the Members of CanAm Properties LLC, a California I,imited liability company (“CanAm”). CanAm is duly organized, existing and in good standing under the laws of the State of California. The following individuals are all of the current members of the management cotiittee of CanAm: William H. Park and Ken Tremble& 3 CanAm is one of the constituent members of The Terraces ar Sunny Creek, a Califoriia limited liability company (“Terraces”). 3. CanAm, acting through any one of the members of its management committee shall have the full right, power and authority for and. on behalf of Ca.nAm, in its capacity as a constituent member of Terraces, to sign, enter into and deliver to the City such subdivision maps and related documentation, including, but not limited. to, applications, subdivision improvement agreements, documents and instruments as may be necessary or proper for the purpose of that. certain subdivision commonly known as The Terraces at Sunny Creek (City of Carlsbad Tentative Tract Map No. 96-02). Any member of the management committee of CanAm may sign alone for such purposes. 4. All instruments and documents signed, entered into and delivered by Car&n in connection with this matier shall be in such form and shall contain such terms and conditions as ma.y be approved by the member of the management committee of CanAm who is signing, such approval to be conclusively evidenced by the individual’s signature. [Text continues on Page 2 at Paragraph 51 M\Pam~Yrn mnh for ‘i&plkg map.upa Page 1 of 2 FiEkS7-00 MON 05:24 PM 'HSRLG ,, FAX NO. 61k232 6828 P, 03/03 ~ " 5. The City shaI1 be entitIed to act in reliance on the statements and matrers set forth in this Authorization without f&her inquiry of any kind, notwithstanding anything contained in the Operating Ageement of Can&n or any other documents or instruments. IN WII’NESS as of February 7,200O. William I-T. Park Trustee for the benefit of Financial Asset Management Foundation, a Canada Business Trust William H. Park in his capacity as Trustee of Financial Asset Management Foundation, a Trust formed ur~der the Laws of the Province of British Columbia, Canada. Recowy against the Trustee hereunder shall be limited to the assets of the Trust. M:\Fan\wn l urh for sipin); mxp.vpd . ACTION BY UNANIMOUS WRITTEN CONSENT OF THE DIRECTORS OF GATEWAY IVEY RANCH ASSOCIATES, INC. A CALIFORNIA CORPORATION IN LIEU OF MEETING The following action is taken by the Board of Directors of Gateway Ivey Ranch Associates, Inc., a California corporation, by the unanimous written consent of the directors without a meeting as of February 1, 2000, in lieu of physically holding a meeting of directors pursuant to Section 307(b) of the California Corporations Code and the Bylaws of this corporation permitting such action to be taken. By this writing, the Board of Directors of Gateway Ivey Ranch Associates, Inc. approves the following resolution and consents to its adoption: RESOLVED, that George Szabo, Jr., President of the corporation, is hereby authorized to execute any and all documents on behalf of the corporation as a member of The Terraces at Sunny Creek LLC, a California limited liability company. The undersigned, constituting the sole member of the Board of Directors of Gateway Ivey Ranch Associates, Inc., hereby consents to and approves of the foregoing actions and resolutions, correct, as of February 1, 2000. dl979hilO3 a 1