The URL can be used to link to this page

Home My WebLink AboutCT 99-13; Western Pacific Housing LLC; 2000-0374962; Hold Harmless Agreement/ReleaseRECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 4602 DOC -7 2000-03’74962 JUL 17, 2000 2:23 PM E FOR RECORDER’S USE :,. Q$JO. 215-050-18-00 / 215-050-59-00 3“ ,. ill_ :, ,j ,‘ i,:: ,,:, , f:,,, .” : 1. is, ,a3 * i ‘,‘ ( lSj ~( ,j:: 1 (I,! 1 j~( :p, iIi ,i_: (’ 1 .ii’ LI1ji :1I:[:P: ” 1 ,, ,i ,,:;:,i :,f&;.[m,,r 9 i:l,‘i,i,i<;, ,.&‘& A~&:i :Qc- 3;:. -‘ ,:, ii c;[I::: @ @ii:: j_‘_ 8% a- i i: )‘) +lOLD HARMLESS AGREEMENT ” “~;!:‘: ::,, :li:: (I( GEOLOGICAL FAILURE L /, “8,: (( ( ;:, In cdnsiderat#@ of the City”s approval ‘of a grading plan (Dwg$@~~ 38 $‘ii$$f~ ) and improvement plans i&g. No. 385-9) for development to o~&ur on pro&#ty’descr~~&@& parcel 2 of map 2244, more particularly described as (APN No. 225~@@~l!&OO and 2150$?59-00) and other good and %$uable consider&ion, receipt of whi&’ is”hereby acknowiedg$d, We, Western PacifiG +&&& LLC, ‘& ‘@&w&e Limited Lia#j$’ ‘(company, ‘the $$$$&&&of said jj:, ::,, property promise to in$@mnify and to hold the City of Carlsbad, if$@ficzer## agents and employees harmles$r f&%n ‘&My for injuries to‘ any persons, or damage ‘to rrtl &king of any : (, 2 property including’&blie $&x#f$,:‘-directly or indirectly caused’& the geologi&l:failure of any (!(/ qcq; :! ‘:i:i,,. nature, type or causes or “any su~~~~~~,~~~~~ >thaf may’S’,&&r on ~&, -adjacent to this “,‘ 1, 3‘: : ‘,‘ subdivision due to its conStruafior@ op$&tion o~@raintenanc~, :, i : (~ ,/ ,)’ I ,i:;ili: ,, :‘, )“ Approval of the plans”&f%@$S, or inspectI&& 0): ar@w&k’@&te pursuant to those plans 1,i or permits by the City shall not constiWf~Uo-~trm~~~n‘by‘the’~ity 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 loss resulting from or caused by any geological failure is assumed by and shall be borne by the owner. 1 Masters/FomWHold Harmless Agt Geological Failure Rev. 12lO8Ei.3 4603 - 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 cause damage to public improvements. It is further agreed that this agreement shall be binding on all heirs, successors or assigns having an interest in all or any pati of the ,“‘ 3.i; “fp;:: 3 IN WITNESS ~~&(“j~, ,Sfdayof t$&$, this instrument this I(:‘(; ,(’ _:iL ,(: II (1 ). _‘jj*i I(! :; (( ;:I ‘,I )( i_, ( :_I ; L ; 1, L, :* __; t i ;& :*I :; : I : :: ;:’ “: 1 1 : :s )j I,r ‘$1 j(;(( I, il.; ,,, (( : &ii ‘3 ‘, ‘j j t ,~ :, _’ ~> c <L “_, ~,I- ::~ (,., i :’ ), ‘,. : BYI’ : i’i?;, 1 ! ) -‘ it’;;I,,i> : 1 1 ‘::: ” (sig,n here) APPROVED AS TO (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.) 2 I Masters/Forms/Hold Harmless Agt Geological Failure Rev. WOW98 - 4604 ALL-PURPOSE ACKNOWLEDGMENT State of California county of San Diego on 6-l-00 before me, Amy S. Goldschmidt. Notary Public 1 personally appeared Scot C. Sandstrom personally known to me v fin tkP s) to be the person@ whose name@ is/are subscribed to the within instrument and acknowledged to me that he/M executed the same in his&&heir authorized capacity&s+, and that by his/k&h& signature@-on the instrument the person& or entity upon behalf of which the person@ acted, executed the instrument. WITNESS my hand and official seal. . I-rr\lANIMOUS WRITTEN CONSENT OF T4E BOARD OF DIRECTORS OF AP LHI, INC. 4605 . 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 presendy 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-Carlsbad I, LLC, a Delaware limited liability company and Western Pacific Housing-Torrey, LLC, a Delaware limited liability company (together “WPH”); and WHEREAS, WPH is in the business of acquiring property and engaging in the deveIopment, 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 Directors wishes to authorize, 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 &om 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 President 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 unanimous written consent without a meeting. DATED: April 1,200O which authorize the directors to take action by Craig A. Manchester >