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Amendment to Grant of Easement (Equestrian/Pedestrian Trail) 1991-0573295 RECOADING RWUESTED BY CITY OF POWAY 2149 F =, U <; '-,r'!o! t,r-~:;'-"';zo-,: 1 ,. 1, i-r"7 ; -'1,,~, 1 ;' ,'1/ "";, .. ...... 'f" ..,..J" f '"" .... ~ "",'J.... 1 ,~ J6-~O~i-199: 02=20 A~ \ City of poway P.O. Box 789 Poway, CA 92074 ) ) ) ) ) ) ) ) ) .---" -"::'-, --;, :::- --:'::.- -..'--'- -'""'-- WHEN RECORDED MAIL TO: (;~,;~~-:-T~ :: -'';! 0-:-'" :i:-- -:~ -.;::-: -""'''', , ...,; (EQUESTRIAN/PEDESTRIAN TRAIL) I"r\cbli='\CA'1lot--! DF p..,.J ~~E')J.,."...T .,........, lP ~ , ~{ ~~ W~ \) 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 ) ) ss. ) 2151 Amendment to Grant of Easement APN: 275-461-04 Page 3 GRANTEE City of poway Date: .9-/11 /q I I 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 ~ This is to certify or grant dated ll-'-I-"\\ that the interest in real property conveyed by the from 9" \0 ~ VD >.a..v<-4 .t-I:e......I-t\- 'St., d....... I 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.... l