HomeMy WebLinkAboutSDP 06-03; H G Fenton Property Company; 2007-0724215; Hold Harmless Agreement/ReleaseRECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
DOC# 2007-0724215
NOV16, 2007 2:44 PM
OFFICIAL RE CORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
G R E Q DRY J S MIT H, CO U N TY R E CO R D E R
FEES 0.00
PAGES:
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.: 212-020-23
PROJECT NO. & NAME: SDP 06-03
Fenton Carlsbad Research Center
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City's approval of a drainage plan (DWG 448-4A) for
development to occur on property described as Lot 1 of Carlsbad Tract No 00-20 FOX - Miller
Property, in the City of Carlsbad, County of San Diego, State of California, according to Map
thereof No. 15253, filed in the Office of the County Recorder of San Diego County, January 30,
2006, 2005., according to Map thereof No. APN 212-020-23, I/We, H. G. Fenton Property
Company, a California Corporation, 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
1
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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.
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 (3^
day of ^JU\vX , 20 61 .
PROPERTY OWNERS
H. G. Fenton Property Companv. a California Corporation
Bv: H. G. Fenton Companv, its Authorized Agent
'^L_^S
(Sign He?e)
Michael P. Neal, President
(Print Name and Title)
Date:
By:
Robert Gottlieb
Chief Financial Office
(Sign Here)
Kari Prozoot, Socrotaty-
(Print Name and Title)
Date:
(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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State of California
County of San Diego
On lS,
personally appeared
before me,
(Name, Title of Officer)
P
(Name[s] of Signer[s])
_,. [^'personally known to me -OR - D-
(proved to mo on the booio of satisfactory evidence) to be the person(s) whose name(s)
•is/are subscribed to the within instrument and acknowledged to me that •be/she/they
executed the same in his/her/their authorized capacity(ies), and that by bls/heiVtheir
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
CLARt CHAVtZ
Commtetont 1466393
Notary Put*: - Co***)
Son Dtego County
MyComfn.ExptesjOn29.2006
(This area for
official notary seal)
Title or Type of Document
Date of Document No. of Pages
Signer(s) other than named above
H:\Development Services\PROJECTS\SDP FILES\SDP 06\SDP 06-03 Fenton Carlsbad Research Center - JimencABonds and AgreemenhHOLD HARMLESS AGREEMENT
DRAINAGE(448-4A).doc