HomeMy WebLinkAboutMS 03-09; Research Center Pointe LLC; 2005-0624279; Hold Harmless Agreement/Release2005-0624279
RECORDING REQUESTED BY
WHEN RECORDED MAILTO:
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JUL 25,2005 9:lO AM
UFFlCI4L RECORDS
GREGORY J SMITH CCIUfITY RECORDER FEES u ut1
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City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.: 212-120-34-00
PROJECT NO. & NAME: MS 03-09
Carlsbad Research Center
Research Center Pointe, LLC
HOLD HARMLESS AGREEMENT
DRAl NAG E
In consideration of the City's approval of a drainage plan (DWG 425-3A) for
development to occur on property described as parcels 1-4 of Certificate of Compliance (CE 04-
10) for Minor Subdivision No. 03-09. INVe, Research Center Pointe, LLC, a California limited
liability company, the owners of parcel 2 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.
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H:/Development SeNices/MasterslBonds & AgreeemntdHold Harmless Agreement Drainage Rev. 12/08/96
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.
dth IN WITNESS WHEREOF, the undersigned has executed this instrument this
PROPERTY OWNERS
Research Center Pointe, LLC, a California limited liability
company
Bv: Newport National Corporation. a California corporation Its manaaer
By: -
(Sign Here)
Scott R Brusseau, President, Newport National Corporation
(Print Name and Title)
Date: Y-B<-
By:
Jeffry fi Brus'seau, Secretary, Newport National Corporation
(Print Name and Title)
Date: 4. q-w
(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:
RONALD R. BALL City Attorney
By:
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HYDeveloprnent Services/Masters/Bonds & Agreeemnts/Hold Harmless Agreement Drainage Rev. 12/06/98
State of California 1 1
County of San Diego )
I 0 personally known to me -OR -,&
(proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s)
idare subscribed to the within instrument and acknowledged to me that -kekh&
executed the same in 4w&&%&huthorized capacity(ies), and that by +Wherlt@
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
A
Signature of Notary U (This area for
official notary seal)
Title or Type of Document
Date of Document No. of Pages
I 11 Signer(s) other than named above
II II
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