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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 I1111111111111111 111ll lllll1111111111111111111111111111111111111111111 JAN 21,2005 9:00 AM UFFl UIAi. WE CURDS S4Fl DlEGD CUUNT’< FiECClRDER’S OFFICE GREI;URf J SMITH, COIJFITY RECORDER FEES u I10 PP.G E 5. 4 I1ll1111111lI11l Ill11 1111 Alll Ill11 11111 Rlll11111 Ill1 11111 1111 1111 1111 1111 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 1 H:iDevelopment ServiceslMaslersBonds 8 AgreeemntdHold Harmless Agreement Drainage Rev. 12/08/98 ! 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 2 H:iDevelopment ServicesJMasters/Bonds & Agreeenmidtiold Harmless AQreement Drainage Rev. 12/08/96 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 3 H:/Development ServicedMastersfBonds 8 AgreeemntsMold Harmless Agreement DrainaQe Rev. 12/08/98