HomeMy WebLinkAboutCT 97-23; OGara Investments Inc; 2007-0278668; Hold Harmless Agreement/ReleaseDOC# 2007-0278668
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr
Carlsbad, CA 92008
APR 24, 2007 3'20 PM
OFFICIAL RECORD'-'
DIEGO COUNTY RECORDER'S OFFICE
GREbORi1 I SMITH COUNT1! RECORDERFEES n nn
R-GES "4
J
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.:APN 205-191-26
APN 205-1 91 -27
APN 205-1 91 -28
PROJECT NO. & NAME: CT 97-23
Magnolia Subdivision Grading Plans
HOLD HARMLESS AGREEMENT
DRAINAGE
In consideration of the City's approval of a drainage plan (DWG 380-3C) for
development to occur on property described as (see attached, Exhibit "A"), according to Map
thereof No APN 205-191-26, APN 205-191-27 and APN 205-191-28, I/We, O'Gara
Investments, Inc , 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
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and Agreements\HOLD HARMLESS AGREEMENT DRAINAGE(DWG 380-3C) doc
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 7
day of Jjti/U u/o. ^ , 20 ^7
PROPERTY OWNERS
O'Gara Investments,, Inc ,.,a (California Corporation
' (SignTHere)
Michael D O'Gara, President
(Print Name and Title)
Date
By
(Sign Here)
(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
Deputy City Attorney
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and AgreementsVHOLD HARMLESS AGREEMENT DRAINAGE(DWG 380-3C) doc
State of California
County of San Diego
On I before me, i.INPA E ¥1LLA
(Date;
personally appeared
(Namdi, Title of Officer)
C>(Name[s] of Signer[s])
_,. Impersonally known to me -OR - D
(proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowledged to me that^he/sbe/they
her/their
signature(s) on the instrument the person(s), or entity upon behalf of which the person(s)
acted, executed the instrument
executed the same iry his/ber/their authorized capacity(ies), and that b
WITNESS my hand and official seal
Signature of Notary
LINDA F. VILLA -r
COMM #1613182 «
NOTARY PUBLIC-CALIFORNIA W
SAN DIEGO COUNTY 0
COMM EXPIRESOCT 1^.2009;'
(This area for
official notary seal)
Title or Type of Document n^A^ WM1faQjL/si ^Jcifi^T~
Date of Document No of Pages
Signer(s) other "Vx. , /» i r>tt.than named above c*^H(r<^Myl ^\ C/v_XM L\JUb&
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EXHIBIT "A"
Legal Description
LOTS 7, 8 AND 9 OF CITY OF CARLSBAD TRACT NO. 97-23-2 (MAGNOLIA
SUBDIVISION, PHASE 2), IN THE CITY OF CARLSBAD, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 14659,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
AUGUST 20, 2003