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Home My WebLink AboutMS 03-07; OGara, Michael and Vicki; 2007-0499633; Hold Harmless Agreement/ReleaseRECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 DOC# 2007-0499633 JUL 26, 2007 8:05 AM OFFICIAL RECORDS SAN DIEiiO COUNTY RECORDER'S OFFICE GREGORY J. SMITH COUNTY RECORDER FEES: 0 00 F'AGES: 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.:156-212-14, 156-212-15 PROJECT NO. & NAME: O'Gara Parcel Map MS 03-07 HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval for development to occur on property described as (see attached, Exhibit "A"), according to Map thereof No. APN 156-212-14, and APN 156- 212-15, I/We, Michael D. O'Gara and Vicki B. O'Gara, husband and wife as joint tenants, as to Parcels 1 & 3; and Anthony J. Bradley, a single man, as his sole and separate property, as to Parcel 2, 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 H:\Development Services\PROJECTS\MS RLES\MS 03\MS 03-07 O'Gara TPM - James Drive - RickNBonds and Agreements\HOLD HARMLESS AGREEMENT DRAINAGE(APN156-212-14,15).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. 2 H:\Development Services\PROJECTS\MS FILESWIS 03VMS 03-07 O'Gara TPM - James Drive - RickXBonds and AgreementsVHOLD HARMLESS AGREEMENT DRAINAGE(APN156-212-14,15).doc 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 day of * PROPERTY OWNERS Michael D. O'Gara and Vicki B. O'Gara, husband and wife as joint tenants, as to Parcels 1 & 3: and Anthony J. Bradley, a sijnate man, .as his sole and separate property, as/io Pafcel, By:_/7>_ . _ (Sign Here) \s Michael D O'Gara, Husband as joint tenant (Print Name and Title) / (Sign Here) Vicki B O'Gara, Wife as joint tenant (Print Name and Title) Date: ^{3(0*7 By:I. "-J (Sign Here) Anthony J Bradley, a single man (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 eputy City Aljorney H:\Development Services\PROJECTS\MS FILES\MS 03\MS 03-07 O'Gara TPM - James Drive - RicWBonds and Agreements\HOLD HARMLESS AGREEMENT DRAINAGE(APN156-212-14,15).doc State of California ) County of San Diego ) before LINDA F. VILLA (Date) personally appeared (Name, Title of Officer) (Name[sf of Signer[s]) j. D personally known to me -' (proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) iS7are)subscribed to the within instrument and acknowledged to me that he/she/fhey) executed the same in his/hentheir Authorized capacity(ies), and that by his/heyfneir) 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 LINDA F. VILLA i COMM.tf 1613182 £ NOTARY PUBLIC -CALIFORNIA W , SAN DIEGO COUNTY 0 COMM. EXPIRES OCT. 15 2009 " (This area for official notary seal) Title or Type of Document HJdK/f rv\6 Date of Document ^>/f>/O i /) /? J_ ~1N_A^MiA4 IWeiAAM n\fa^c^\#0 f\ / —No. of Pages O Signer(s) other than named above -• ' H:\Development Services\PROJECTS\MS FILESVMS 03\MS 03-07 O'Gara TPM - James Drive - Rick\Bonds and Agreements\HOLD HARMLESS AGREEMENT DRAINAGE(APN156-212-14,15).doc File No: 04610359 MS 03-07 EXHIBIT "A\\ A" All that certain real property situated in the County of San Diego, State of California, described as follows: Parcel 1: Parcel A: Parcel 1 of Parcel Map No. 13793, in the City of Carlsbad, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, May 16, 1985 as File No. 85-173479 of Official Records. Parcel B: An exclusive easement for the use and enjoyment and garage purposes over, under, along and across the Southwesterly 25 feet of Parcel 2 of Parcel Map No. 13793, in the City of Carlsbad, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County. Parcel 2: Parcel 2 of Parcel Map No. 13793, in the City of Carlsbad, County of San Diego, State of California, filed In the Office of the County Recorder of San Diego County, May 16, 1985 as File No. 85-173479 of Official Records.