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HomeMy WebLinkAboutMS 06-09; OGara, Luke and Michael; 2012-0596057; Hold Harmless Agreement/Releasen RECORDING IS REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 DOCtt 2012-0596057 III llllllllllilllilllllilllll OCT 01, 2012 1:46 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 0.00 PAGES: SPACE ABOVE THIS LINE FOR RECORDER'S USE APN : 205-020-28 ASSESSOR'S PARCEL NO. PROJECT ID PROJECT NAME RELATED PROJECT ID: MS 06-09 O'Gara Development HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City's approval of a drainage plan(s) (DWG 458-4A) for development to occur on property more particularly described as (see attached, Exhibit "A"), I/We, Luke T. O'Gara and Michael T. O'Gara, 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 occurring during the construction work or improvements as specified in this agreement. 1 Q:\CED\LandDev\PROJECTS\MS\MS 06\MS 06-09 O'Gara Development - Wickham\B & A\HOLD HARMLESS AGREEMENT DRAINAGE (DWG 458-4A).cloc 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 . .^Ar(A4,xz^ .20/A. day of OWNER(S) Luke T. O'Gara and By: Gara. as owners (Sign Here) Luke T. O'Gara, owner Date: By: _ (Print Name and Title) (SignMHere) Michael T. O'Gara, owner (Print Name and Title) Date: APPROVED AS TO FORM: RONALD R. BALL City Attorney By: Deputy City Attorney (Proper notarial acknowledgment of execution by owner(s) must be attached) (Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. OthenA/ise, 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.) Q:\CED\LandDev\PROJECTS\MS\MS 06\MS 06-09 O'Gara Development - Wickham\B & A\HOLD HARMLESS AGREEMENT DRAINAGE (DWG 458-4A).doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of r — *^— ^ j On r^Xh'li dOl9-he\ore me, ^ VilU TUoMf PuM^ ^ Qate^ Here Insert Name and Title of the Officer' personally appeared "T ^^6%>»^ /%UA^ T> /0'(^a^^ I-1 Name(s) of Signer(s) } LINDA F. VILLA I Commission # 1875325 | Notary Public - California z ^»2"«7 San Oiego County . | |^»^ My Comm. Expires ilanl. 2014 L who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) i^re)subscribed to the within irjsttument and acknowledged toi me that he/she/^y^ecuted the same in hi^er/|;^einiuthorized capacity(ies), and that by his/her|fneiryigna!ure(s) on the instrument the person(s), or the^-entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hfend arid official seal. Place Notary Seal Above Signature. OPTIONAL - Signature of Notary Public Though the information 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 to another document. Description of Attached Document Title or Type of Document: Uc-U I^IIJIM^ [j^Mujb X^^CU'f^y^ Document Date: c-^^^'^ Signer(s) Other Than Named Above: Number of Pages: Capacity(ies) Claimed by Signer(s) Signer's Name: • Individual • Corporate Officer —Title(s): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of ttiumb tiere Signer's Name: • Individual • Corporate Officer — Title(s): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: RIGHT THUIVIBPRINT OF SIGNER Top of thumb here Signer Is Representing:. ©2007 National Notary Association • 9350 De Soto Ave., RO. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toil-Free 1 -800-876-6827 Q:\CED\LandDev\PROJECTS\MS\MS 06\MS 06-09 O'Gara Development - Wickham\B & A\H0LD HARMLESS AGREEMENT DRAINAGE (DWG 458-4A).doc EXHIBIT "A" THE NORTHWESTERLY HALF OF LOT 5 OF SUBDIVISION OF TRACTS 114 AND 120 OF CARLSBAD LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEiyEOF NO. 1744, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 3, 1923. APN: 205-020-28