HomeMy WebLinkAboutCT 98-10; Fenton Raceway LLC; 2005-0054705; Hold Harmless Agreement/ReleaseDOC # 2005-0054705
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA. 92008
JAN 21,2005 9:OO AM
OFFICIAL RECORDS SAN GlEbU OUUPIT‘i RECORDER’S UFFICE 6REGOR.r J SMITH COUNTY RECCIRDER
PAGES 4
FEES D no
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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
GEOLOGICAL FAILURE
In consideration of the City’s approval of a grading plan (DWG 409-1A) and
improvement plans (DWG 409-1) for development to occur on property described as attached
Exhibit “A,” more particularly described as (APN No. 221 -01 1-03-00; 221 -01 1-04-00; 221 -01 1 -
05-00; 221 -01 0-22-00), and other good and valuable consideration, receipt of which is hereby
acknowledged, I/(We) Fenton Raceway, LLC, a California Limited Liability Company, the
owner(@ of said property promise to indemnify and to hold the City of Carlsbad, its officers,
agents and employees harmless from liability for injuries to any persons, or damage to or taking
of any property including public property, directly or indirectly caused by the geological failure
of any nature, type or cause or any subsequent damage that may occur on or adjacent to this
subdivision due to its construction, operation or maintenance.
Approval of the plans or permits, or inspection of any work done pursuant to those plans
or permits by the City shall not constitute an assumption by the City of any responsibility for any
damage or taking referenced in this agreement. City shall not be responsible in any manner
whatsoever for the design, compaction, construction or maintenance of the slopes, cuts, fills or
improvements made or done 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. The entire risk of any
loss resulting from or caused by any geological failure is assumed by and shall be borne by the
owner.
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H:/Developmenl Servcies/Masien/Bonds & Agreementsklold Harmless Agi Geological Failure Rev. 12/08/98
It is agreed that the above owners will maintain all slopes and landscaping in a manner
to insure slope stability to the satisfaction of the City Engineer. The owners agree to repair any
damage to public improvements caused by any geological failure referred to in this agreement
to the satisfaction of the City Engineer. The owners agree to repair or stabilize any slope which
the City Engineer determines may fail and cause damage to public improvements. 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
19 dayof Oc-kbe/ ,20*.
PROPERTY OWNERS
Fenton Raceway, LLC, a California
Limited Liability Company
By: H.G Fenton, a California
Corporation, .GieReracpcwkter mam~+
By:
Ggn here)
Michael Neal. President
(print name and title)
Date: l0l OY
By:
Allen M. JonevVice President
(print name and title)
Date: to (Ci(0ct
APPROVED AS TO FORM:
RONALD R. BALL
(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.)
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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 I
personally appeared
4 to be the person(s) whose name(s) islare subscribed to the within
instrument and acknowledged to me that #tekbdthey executed the same in Wtheir authorized
capacity(ies), and that by 4idbedtheir 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 7
WITNESS my hand and official seal.
Signature of Notary Public 0 (SEAL)
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form fo another document
DESCRIPTION OF ATTACHED DOCUMENT:
Title or Type of Document:
Date of Document: October 19,2004
Hold Harmless Aareement. Geoloaical Failure
Number of Pages: 4
Signer@) Other than Named Above:
CAPACITY(IES) CLAIMED BY SIGNER:
Signer's Name:
Michael Neal
0 Individual
IxI Corporate Officer:
0 Partner: -- 0 Limited 0 Individual
0 Atto rne y- i n- Fact
Trustee
0 Guardian or Conservator
Other:
Signer is Representing:
Title(s): President
Fenton Racewav, LLC
Signer's Name:
Allen M. Jones
0 Individual
Ix1 Corporate Officer:
0 Partner: -- 0 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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