HomeMy WebLinkAboutCT 99-13; Western Pacific Housing; 2000-0374963; Hold Harmless Agreement/Release.
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
4606 DOG -ii 2000-0374963
JUL 171 2000 2:23 PM
OFFICIAL fams w&y col$$ REaR&RY3lnI&
F&s: ’ l.m
SPACE ABOVE THIS LINE FOR RECORDER’S USE
;!~~~~‘~-~~~~~~~~~~‘slPARCEL NO,: 215-050-I 8-00 :: : ~’ ,’ 215-050-59-O :((,( ia, “‘ :,‘ p&&ljEii~$ &&.N~,&~ &,. 99-13
,, @> Ii’OLD HARMLESS AGREEMENT : i);i j :(:g(_: ,‘ DRAINAGE 0 ~(L .) : Ii !~I I,’ j ,,,I I ’ *:,Y! ,j >’ ;p.i “<I iI .$ii ‘2 x Ld/# L’L ::‘! I< @ ,n ‘&ideraii&,;if the clty’s t,;;;;&, of ; dralnage p,;n“ib,an Na;.DwQ~g*gn) and
~’ ‘is :l:,i:, improvemen&&&& @tin No. DWG ‘&5-g) for d&e[opment to occur & p’@&-$“&/$&~~d as I,;.,! )%(I$ ‘1’ ‘J$ ?[?i parcel 2 of m~pi“~~~~iWe, Western Pacific Ho~girig, a Delaware rimited liatiili~~c~~~~ny, the
owners of &id property promise: to indemnify and to hold th’e,,City of Carlsbadd:
j ;!:jj
&$&ficers, : r /,!
agents and em&$iees~ harmless from liability for injuries~ to, persons, ordamage”lis $ri taking of 1 l‘,_ ,:,
property, directly dr iii;fBre&~caused by the diversion of waters, the alteration &the normal
flow of surface wafers or d‘rainag&$&- the concentration of surfati’v&ters or drainage from the ,i,X~~l“ drainage system or &&& improjeme$ts &&#gp~~.“i~e approved pl&&j; or by the design,
), 1 3’ construction or maintenance of the drainage system or other im$rovements identified in the ,a
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
occurring during the construction work or improvements as specified in this agreement.
Masten/FormslHold Harmless Agt Drainage
1
Rev. lZOB/98
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 I*
treasurer must treasurer must
1 Masters/Forms/Hold Harmless Agt Drainage Rev. 12/08/98
,’
- 4608
-_
ALL-PURPOSE ACKNOWLEDGMENT
State of California
county of San Dieno
on 6-l-00 before me, Amy S. Goldschmidt. Notary Public 1 personally
appeared Scot C. Sandstrom personally known to me (*
s to be the person(s). whose name(s) is/=subscribed to the within instrument and
acknowledged to me that he/e executed the same in hisken%e+authorized capacity(i+, and that
by hisfhe&hek signature(sJ on the instrument the person@), or entity upon behalf of which the person(+
acted, executed the instrument.
WITNESS my hand and official seal. .
h 5 4 . UI’LWI~IOUS WRITTEN CONSENT OF ==‘-IE 4609
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-Carlsbad I, LLC, a Delaware limited liability company and Westem Pacific Housing-Torxy, LLC, a Delaware hited 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 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 f?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.
T’his 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: April 1,200O
Craig A. Manchester
~
J
-. -*p -.. 5 . -*. .--- 4
,“,, - . .._*.. - 9.‘? \ <.’ ‘4 ff/ ,,,,,~~,,,+~~$f