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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