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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 a; Q d 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.