Contract - Saddington - 1985-02-14 EXEMPT RECORD:N G PEW 'T D PUR tMNI TO
Ek' 90 'CaL'8Ie �`✓' SECTION CTO3, Governm ut Code
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Costa Mesa, CA 92626 INDEMNITY AGREEMENT
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s- THIS AGREEMENT made and entered into this /4/06 day of Dccembei
198x1„ by and between COSTA MESA SANITARY DISTRICT a sanitary district
formed under the Sanitary District Act of 1923 hereinafter called DISTRICT'
and HUGH M SADDINGTON an individual residing at 2514 Lake Park Lane
Newport Beach California hereinafter desinated as 'RESIDENT'
WITNESSETH THAT
WHEREAS DISTRICT has an easement and an installment of liquid waste
disposal facilities which said easement and facilities include a portion
of residence property at 2514 Lake Park Lane Newport Beach California
said easement having been granted and said improvements having been constructed
prior to the construction and occupancy of RESIDENT s home and
WHEREAS RESIDENT now desires to make permanent improvements within
said easement which said improvements may be disturbed in the event of
the necessity of sewer maintenance by DISTRICT and
WHEREAS DISTRICT is willing to consent to the construction of per-
manent-type improvements over its easement and over its facilities pro-
viding RESIDENT will indemnify and hold DISTRICT harmless from any claim
from the present or future owner of said 2514 Lake Park Lane Newport
Beach- California residence for damage which may be caused by reason of
the necessity of DISTRICT s having to disturb said permanent type improve-
ments for maintenance purposes and
WHEREAS the parties hereto desire to set forth their rights and
obligations in connection with said agreement
NOW THEREFORE for and in consideration of the covenants herein con-
tained performed and to be performed the parties hereto agree as follows
I
DISTRICT consents to the RESIDENT s construction of certain permanent
improvements over the liquid waste disposal facilities of DISTRICT at
2514 Lake Park Lane Newport Beach California under the following terms
and conditions
1 In the event that it becomes necessary for DISTRICT to excavate
and open trenches for the purposes of maintenance repair upkeep or replace-
ment of its facilities at 2514 Lake Park Lane Newport Beach California
DISTRICT shall incur no liability for any reasonable and unavoidable damage
done to RESIDENT s permanent type improvements and DISTRICT agrees that it
and its contractor shall use best efforts in minimizing any damage which
might necessarily occur by reason of the need for said maintenance repair
upkeep or replacement
2 RESIDENT agrees to indemnify and hold DISTRICT harmless from
any and all claims which might arise by reason of said excavation or such
-1 -
other activity necessary for repair maintenance upkeep or replacement of
said facilities by any third party subsequent purchaser of said property for
damage to the permanent type improvements installed by RESIDENT and RESIDENT
agrees to assume the defense of DISTRICT for any claim by any third party
subsequent purchaser in any litigation wherein DISTRICT is named as a defen-
dant and where said claim is for damage to RESIDENT s permanent-type improve-
ments by reason of DISTRICT s activities in connection with repair maintenance
upkeep or replacement of said liquid waste disposal facilities
II
It is understood and agreed by and between DISTRICT and RESIDENT that
any advance permission to commence RESIDENT s permanent-type improvements
subject to this AGREEMENT were made conditioned upon the execution of this
INDEMNITY AGREEMENT and in the event that RESIDENT fails to execute this
AGREEMENT the permission to commence improvements shall be deemed revoked
and DISTRICT shall have the right to demand that RESIDENT forthwith cease
said improvements and at the option of DISTRICT said DISTRICT may require
removal of any permanent-type improvements already installed
III
The approved improvements within the easement consist of brick paving
and wooden stairs as shown on plans prepared by Lifescapes Inc dated
May 15 1984 a copy of which is on file in the DISTRICT s office The
County of Orange Permit No is
IV
This AGREEMENT shall be binding upon the successors in interest of
either party hereto whether it be heirs executors assigns subsequent
purchasers or any other person or entity claiming any estate in RESIDENT s
property at 2514 Lake Park Lane Newport Beach California
DATED on the day and year first above written
COSTA MESA SANITARY DISTRICT
Suit. I' a t1. ,/
ATTEST 'resi .ent
2/
By � ��;z�
S• retary
APPROVED AS TO FORM
By 4 '�•----�
mes
Roy E June 01WRICT Attorney
RESIDENT
HUGH M SADDINGTOF