HomeMy WebLinkAboutMS 00-10; Newport National/Cornerstone LLC; 2001-0501853; Hold Harmless Agreement/ReleaseDOE # 2001-0501853
RECORDING REQUESTED BY
WHEN RECORDED MAILTO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
-1 JUL~l9. 2001 4005 PM
14146 ’ aTJmLRMRBB ~~J3llMEamAOOORHrER’8mnr
SPACE ABOVE THIS LINE FOR RECORDER’S USE
ASSESSOR’S PARCEL NO.: 209-081-02-00
PROJECT NO. & NAME: MS 00-10
Atrium II
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City’s approval of a drainage plan (Plan No. DWG 392-8A) for
development to occur on property described as lot 2 of CT 74-21 per Map No. 10372, filed April
13, 1982, We, Newport National/Cornerstone, LLC, a California 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 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.
Masters/Forms/Hold Harmless Agt Drainage
:‘.
1 . .
Rev. 12/08/98
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
day of #Hqy ,200( .
PROPERTY OWNERS
Newport National/Cornerstone, LLC a California limited liabilitv companv
By Newport Wional Corporation, it’s Manaqer
By:
(Sign Here)
Scott R. Brusseau, President
(Print Name and Title)
Date: C-?-d/
(Print Name and Title)
Date: s- 7-45 1
(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 Masters/Form/Hold Harmless&t Drainage Rev. 1 Z/08/98
.
A 14148
State of California
County of San Diego
On MAY 7, h r- before ma, RA~J~ I PA- r ti OT#)R’i &GLr C
(Date) (Name, Title of Officer)’
personally appeared 5-T-r R. &WSSEW 4 SEFFsv A. &zuss6w
(Name[s] of Signer[s])
I personally known to me -OR -
(proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s)
is/z subscribed to the within instrument and acknowledged to me that he/she/tzy
executed the same in his/her/th& authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal
Signature of Notary
(This area for
official notary seal)
Title or Type of Document kold b-4~ A-qyeioh&f b-f=&iqp
Date of Document MY! 71 % 1 No. of Pages 3
Signer(s) other than named above I I