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1987-0416_EGAN , W & R_Hold Harmless Agr & CovenantEXEMPT RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of San Juan Capistrano Office of the City Clerk 32400 Paseo Adelanto San Juan Capistrano, CA 92675 4k7-253297 RECORDING FEES EXEMPT DUE TO GOVERNMENT CODE SECTION 6103 MARY A HANOV R, City Clerk San Juan Capistrano, CA 92675 HOLD HARMLESS AGREEMENT AND COVENANT RUNNING WITH THE LAND (LOT 5, TRACT 10593, AP #649-331-07) This Hold Harmless Agreement and Covenant Running with the Land is made and entered into this 16th day of j�P 1987 by and between the City of San Juan Capistrano, hereinafter referredto—as o as City, and William R. Egan and Rosalind S. Egan, hereinafter referred to as Property Owner. RECITALS: This Hold Harmless Agreement and Covenant running with the Land affects Lot 5, Tract 10593, City of San Juan Capistrano, County of Orange, more particularly described in Exhibit A, attached and incorporated herein by reference. The Property Owner is the owner of the real property in the City of San Juan Capistrano commonly known and described as Lot 5, Tract 10593. The Property Owner has applied for and requested of the City, the right to construct, develop and use a single-family dwelling. The City approved said development, but as a necessity of development it is required that drainage structures, including rip -rap, inlet, concrete lined swales, and piping, be constructed and maintained to perpetuate the drainage of the property and contributory upstream areas. The City agrees to construct and maintain an appropriate storm drain manhole in the parkway of Peppertree Bend adjacent to the property in the public right-of-way and be responsible for maintenance of this storm drain manhole and other drainage structures not located on the property. Property Owner therefore covenants, agrees, and declares that the drainage structures shall be maintained to the satisfaction of the City and further, if not maintained to the satisfaction of the City, the City can cause such maintenance to occur and collect from the Property Owner all charges for maintenance. Property Owner hereby grants permission for appropriate City officials to enter the property from time to time for the purposes of determining compliance with the conditions contained herein and remedial work if necessary. Such inspections shall be conducted during normal working hours and after reasonable notice to the Property Owner. RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY. CALIFORNIA -11§ PM MAV 6'87 COUNTY FECOADEF Hold Harmless Agreemdhand Covenant Running with the Land t 5, Tract 10593, 8753297 SAP #649-3307 Page 2 Property Owner hereby agrees that this Agreement and Covenant shall run with the land and be binding upon the Property Owner, and the heirs, successors, executors, administrators, and assignees of the Property Owner in interest for the benefit of the City. Property Owner hereby agrees that he shall execute this restriction and notify any subsequent purchasers or tenants of this Agreement and Covenant and execute all documents necessary to effect to intent hereof. Property Owner hereby agrees to defend, indemnifying and hold harmless the City from any claim or liability resulting from damage or personal injury, including death, to anyone served by the drainage structures caused by the failure of the Property Owner to maintain them or by the act of constructing them. This Agreement and Covenant shall continue in full force and effect unless terminated by mutual agreement of the Property Owner and City. City of San Juan Capistrano by dila Pl [\S" ' ��� William D. Murphy Director of Public Works Property Owner by by CORPORATE ACKNOWLEDGMENT State of California SS. County of Orange 111111 OFi-' 'AL STI:. MARY A CAR! SON Ea): TARY PUBLICCALGRNEA ORANGE COJNTY O7 comm. expires JAN 5, 19 87253297 NO. 202 On this the 21stday of April 19 87 , before me, Mary A. Carlson the undersigned Notary Public, personally appeared William D. Murphy EX personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) who executed the within instrument as, Dir. of Public Works m 1�1t an or on behalf,of th cc po a on herein unic named, and acknowledged to me that the00rporaM n executed it. WITNESS my hand and official seal. 7120 122 NATIONAL NOTARY ASSOCIATION • 23012 Ventura BINd. • PO Box 4625 • Woodland Hill; CA 91365-4625 STATE OF CALIFORNIA ss COUNTY OF OFFICIAL SPAL •�" MARION DICKERSON e v NOTARY PUBLIC . CALIFORNIA ORANGE COUNTY My comm. expires MAY 19,1987 On this - 16th day of _ Aoril _._ -- . In the year 1937, before me, the undersigned, a Notary Public in and for said State, personally appeared William R. an and Rosalind S _Egan personally known to me (or proved to me on the basis of satisfactory evidence)to be the person swhose name S are subscribed to the within Instrument, and acknowledged to me that _he_ executed It. WITNESS my hand and official seal. Notary Public In and for said State. I� 19e1WOlGOtIe.IM: IV" cussB;I Marion Dickerson z 0 T 0 87=253297 rOO ti E5�£" i. e m 0 3 4 Exylelr A 16