Amendment to Grant of Easement (Equestrian/Pedestrian Trail) 1991-0573295
RECOADING RWUESTED BY
CITY OF POWAY
2149
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City of poway
P.O. Box 789
Poway, CA 92074
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This SDace for Recorder's use
Documentary Tax ;s -0-
APN:
275-461-04
AMENDMENT TO GRANT OF EASEMENT t!l't.
WHEREAS, Palomar Pomerado Health System, a California hospital
district, formerly known as Palomar pomerado Hospital District
(hereinafter "Grantor"), previously granted the city of poway
(hereinafter "Grantee") an easement for equestrian/pedestrian trail
purposes (hereinafter "Easement");
WHEREAS, the Easement was recorded in the Office of the San
Diego County Recorder on May 8, 1986, as Instrument Number 86-
182465;
WHEREAS, in consideration of their mutual
valuable consideration, the parties wish to revise
and any amendments to the Easement granted to date;
promises and
the Easement,
NOW, THEREFORE, Grantor and Grantee hereby agree as follows:
The last four paragraphs on Exhibit B of the Easement, pertaining
to indemnification and insurance, are hereby replaced with the
following:
Grantee agrees to indemnify and hold harmless Grantor and its
officers, directors, agents, employees, successors and assigns from
any and all liability, including all damages, claims, causes of
action, costs and attorneys' fees which may be incurred by Grantor
arising from the use of the Property by any party whatsoever.
Grantee's duty of indemnity hereunder shall apply to the full
extent permitted by law, and shall include any and all damages,
claims, causes of action, costs and attorneys' fees incurred by
Grantor in connection with use of the Property as a result of
alleged or actual acts or omissions by Grantee, Grantor (and its
off icers, directors, agents and employees) or any third party,
alone or in combination.
2150
Amendment to Grant of Easement
APN: 275-461-04
Page 2
Grantee agrees, at all times, at its sole expense, to maintain in
effect personal injury coverage pursuant to an insurance policy or
a self-insurance plan covering the Easement. If coverage is
through self-insurance, Grantee agrees that coverage will be
provided by endorsement to its plan, such endorsement acknowledging
and covering the indemnity against liability described above in
connection with use of the Easement; provided, however, that in the
event Grantee is unable to obtain coverage to the full extent
provided above, Grantee shall, at a minimum, provide such coverage
for its own acts or omissions and those of its employees and
agents. The aforementioned pol icy of insurance or endorsement
shall be written in a form satisfactory to Grantor. Grantee agrees
to pay all premiums or otherwise defer all costs for such coverage
and deliver evidence of coverage to Grantor. Grantee agrees that
it will give Grantor 30 days written notice by registered mail
before the policy or other coverage shall be altered or canceled.
In the event the Easement is no longer used for equestrian trail
purposes, or if Grantee fails to comply with its indemnification
and insurance obligations as specified herein, the Easement shall
revert back to Grantor, its successors or assigns.
GRANTOR
Date: 11- &I-'ll
Palomar pomerado Health System
By: --1J J ~LfL
Ro~\1dwards,
Chief Executive Officer
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
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2151
Amendment to Grant of Easement
APN: 275-461-04
Page 3
GRANTEE City of poway
Date:
.9-/11 /q I
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STATE OF CALIFORNIA
ss.
COUNTY OF SAN DIEGO
By:
-n,
On this the J3 - day of Fe.l:,r",,::,.r~ ' 1991, before me, the
undersigned Notary Public, in and for said County and State
personally appeared JAMES L. BOWERSOX, proved to me on the basis of
satisfactory evidence to be the City Manager of the City of Poway,
and acknowledged to me that he executed the within instrument.
Signature C-z:4 _ ~~_ ...-
@ OFFICIALSEAL
. .-" CATHY BROKAW
:..' Nowr p,,'n~ CIIIIamIa
, .. &AN DIEGO COUNTY
~". My Ccmm, Exp. May 14, 1003
(CB - C:\WP51\DATA\ESMNT1)
2152
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This is to certify
or grant dated ll-'-I-"\\
that the interest in real property conveyed by the
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deed
to the City of poway a political corporation and/or governmental agency is
hereby accepted by the undersigned officer or agent on behalf of the City
Council pursuant to authority conferred by Resolution No. 34 adopted on January
20, 1981, and the grantee consents to recordation thereof by its duly authorized
officer.
Dated: 1\- S-"i I
By: ~ k 7Ucc.v.,-tL....
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