HomeMy WebLinkAboutCT 98-10; Fenton Raceway LLC; 2005-0054704; Hold Harmless Agreement/ReleaseDOC # 2 0 0 5-0 0 54 70 4
RECORDING REQUESTED BY
WHEN RECORDED MAILTO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
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JAN 21,2005 9:00 AM
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S4Fl DlEGD CUUNT’< FiECClRDER’S OFFICE
GREI;URf J SMITH, COIJFITY RECORDER
FEES u I10 PP.G E 5. 4
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6 SPACE ABOVE THIS LINE FOR RECORDER‘S USE
ASSESSOR’S PARCEL NO.: 221-01 1-03-00; 221 -01 1-04-00; 221-01 1-05-00 ; 221-01 0-22-00
~ PROJECT NO. & NAME: CT 98-10
Carlsbad Raceway - Project
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City’s approval of a drainage plan (DWG 409-1A) and
improvement plans (DWG 409-1) for development to occur on property described as attached
Exhibit “A,” (I)We, Fenton Raceway, 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
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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 /9
day of ,20&.
PROPERTY OWNERS
Fenton Racewav. LLC. a California Limited Liabilitv ComDanv
Bv: H.G Fenton. a California CorDoration. r maw c.r
By: - - ((Sign Herb)
Michael Neal. President
(Print Name and Title)
n Date: to 14 -w
By:
Allen M. Jo&, Vice President
(Print Name and Title)
(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 off icer(s)
signing to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL City Attorney
Attorney
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On Octboer 19,2004 before me, Clare Chavez, Notarv Public 1
personally appeared e to be the person(s) whose name(s) islare subscribed to the within
instrument and acknowledged to me that 4+ekWthey executed the same in bdhedtheir authorized
capacity(ies), and that by Wtheir signature(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
Allen M. Jones and Michael Neal , personally known to me
WITNESS my hand and official seal.
Signature of Notary Public u (SEAL)
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and couldprevent
fraudulent removal and reattachment of this form to another document
DESCRIPTION OF ATTACHED DOCUMENT:
Title or Type of Document: Hold Harmless Aareement
Date of Document: October 19,2004
Number of Pages: 3
Signer(s) Other than Named Above:
CAPACITY(IES) CLAIMED BY SIGNER:
Signer's Name:
Michael Neal
0 Individual
Ix] Corporate Officer:
0 Partner: -- 0 Limited Individual
0 Attorney-in-Fact
0 Trustee 0 Guardian or Conservator 0 Other:
Signer is Representing:
Title(s): President
Fenton Racewav, LLC
Signer's Name:
Allen M. Jones
0 Individual
IxI Corporate Officer:
0 Partner: -- Limited 0 Individual
0 Attorney-in-Fact 0 Trustee
0 Guardian or Conservator 0 Other:
Signer is Representing:
Title(s): Vice President
Fenton Racewav, LLC
EXHIBIT “A”
LEGAL DESCRIPTION
LOT 2, SECTION 13 OF THE SOUTHEAST QUARTER AND THE SOUTHWEST
QUARTER OF THE NORTHWEST QUARTER; SECTION 18 OF THE SOUTHWEST
QUARTER OF THE NORTHEAST QUARTER; SECTION 18, TOWNSHIP 12 SOUTH,
RANGE 4 WEST
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