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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