HomeMy WebLinkAboutCT 99-11; Western Pacific Housing; 2000-0641777; Hold Harmless Agreement/Release‘r : ‘BIIIIIIIIwIHHI~HH 2000-0641777
lloc 7 2000-0641777
Nclu 27, 2000 4:25 PM
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RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
IFFICML REm SAN DIE60 WIJNiy REiBDER’S OfTICE GaGoRy f$mli, lyypmER : .
SPACE ABOVE THIS LINE FOR RECORDER’S USE
ASSESSOR’S PARCEL NO.: 221~01243-90
PROJECT NO. 8, NAME: CT 99-11
Ranch0 Carrillo - Vlllane “L”
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City’s approval of a drainage plan (Plan No. DWG 387-9A) and
improvement plans (Plan No. DWG 387-9) for development to occur on property described as
lot 240 of map 13838, We, Western Pacific Housing - Carrillo, LLC, a Delaware limited liability
company, the owners of said property promise to indemnify and to hold the City of Carlsbad, its
officers, agents and employees harmless from liability for injuries to persons, or damage to or
taking of property, directly or indirectly caused by the diversion of waters, the alteration of the
normal flow of surface waters or drainage, or the concentration of surface waters or drainage
from the drainage system or other improvements 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 ofticer or
employee thereof be liable or responsible for any accident, loss or damage happening or
Masters/Forms/Hold Harmless Agt Drainage
1
Rev. 12/08/98
A 9272 A
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 undersigned has executed this instrument this /2@
day of oe-#ok+ ,20-.
PROPERTY OWNERS
(Print Name and Af LHI-, zt-PC. ,, Title) ,,,c,,,j~w’JC ItAEM8EJZ r * 28 Date: 10/18/00
By:
(Sign Here)
(Print Name and Title)
Date:
(Proper notarial acknowledgment of execution by SUBDIVIDER must be attached)
(Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant
treasurer must sign for corporations. Otherwise, the corporation 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 MasterslForm?JHold Harmless Agt Drainage
2
Rev. 12/08/98
9273
State of California
County of San Diego 1
On \o-\?Ym before me, &n,ll 3. &~\&?~-6~~, ~~~~~
(Date) (Name, Title ‘of Officer)
personally appeared t e- =fxiAmL
(Name[s] of Signer[s])
I personally known to me -OR -
(e to be the person(4fwhose name@
is/are- subscribed to the within instrument and acknowledged to me that heHeA&ey
executed the same in his/+tet%& authorized capacity(jiee), and that by his/he&h&
signature@ on the instrument the person&& or entity upon behalf of which the person(sJ.
acted, executed the instrument.
WITNESS my hand and official seal
(This area for
official notary seal)
.
Title or Type of Document l!thYvw% (kJi!wrmn+ ‘e
Date of Document \\%a- 013 No. of Pages 7
Signer(s) other than named above nm~
.
. *. I U&4NlMOUS WRITTEN CONSENT OF ‘J=E
BOARD OF DIRECTORS OF
AP LHI, INC.
We, the undersigned, as member of the Board of Directors of AP LHI, INC., a corporation organized under
the General Corporation Law of California (the “Corporation”), being all the members of such Board as presently
constituted, do by this writing consent to take the following actions and adopt the following resolutions:
WHEREAS, the Corporation is the managing member of Western Pacific Housing-Canillo, LLC, a
Delaware limited liability company (“WPH”); and
WHEREAS, WPH is in the business of acquiring property and engaging in the development,
zoning, rezoning, design, improvement and construction of single family residences, townhouses, and
condominiums upon such property for sale to the home-buying public; and
WHEREAS, it is in the interest of WPH to negotiate, enter into, modify and terminate agreements
involving third parties relating to the business of WPH; and
WHEREAS, Scot C. Sandstrom, Vice President of the Corporation, in its capacity as the managing
member of WPH, has from time to time negotiated signed, modified and terminated various agreements with third
parties, relating to the business of the Corporation, in its capacity as the managing member of WPH; and
WHEREAS, the Board of Direct&s wishes to author&e, approve and ratify the actions taken by
Scot C. Sandstrom, acting in his capacity as Vice President of the Corporation, acting in its capacity as the
managing member of WPH, in having negotiated, signed, modified and terminated such agreements, and to
authorize and direct Scot C. Sandstrom to negotiate, sign, modify and terminate such agreements from time to time
when he deems it to be in the best interest of the Corporation, in its capacity as the managing member of WPH.
NOW, THEREFORE, BE IT RESOLVED, the actions of Scot C. Sandstrom, acting in his capacity as a Vice President of the Corporation, acting in its capacity as the managing member of WPH, in having
negotiated, signed, modified and terminated various agreements from time to time, are hereby authorized, approved
and ratified; and
BE IT RESOLVED FURTHER, that Scot C. Sandstrom, acting in his capacity as a Vice Resident
of the Corporation, acting in its capacity as the managing member of WPH, is hereby authorized and directed to
negotiate, sign, modify and terminate, from time to time when he deems it to be in the best interest of the
Corporation, in its capacity as the managing member of WPH, agreements relating to the business of the
Corporation, in its capacity as managing member of WPH.
We direct that this consent be filed with the Minutes of the proceedings of the directors of the corporation.
This consent is executed pursuant to Section 307(b) of the Corporations Code of the State of California,
and Section 2.12 of the Bylaws of the corporation, both of which authorize the directors to take action by
unanimous written consent without a meeting.
DATED: August 30,200O
.-I.