HomeMy WebLinkAbout02-89 • •
RESOLUTION NO. 2-89
A RESOLUTION ACCEPTING HOLD HARMLESS"AND
INDEMNIFICATION COVENANT AND ORDERING
RECORDATION THEREOF
(LANDS OF UGIE)
RESOLVED, byCity the Council of the Town of Los Altos Hills, County of
Santa Clara, State of California, that as follows:
1. The Town of Los Altos Hills hereby accepts that certain "Hold
Harmless and Indemnification Covenant" executed by FRANK KEITH UGIE and
BARBARA A. UGIE, his wife,
2. The "Hold Harmless and Indemnification Covenant" concerning that
certain real property shown on the Final Parcel Map entitled
"PARCEL MAP
LANDS OF UGIE
CONSISTING OF TWO SHEETS AND BEING A PORTION OF
LOT 6 AS SHOWN ON THE MAP OF THE M & M TAAFFE
SUBDIVISION OF LOT NO. 4 OF THE TAAFFE PARTITION
IN THE RANCHO LA PURISSIMA CONCEPCION AND AS
RECORDED IN BOOK 1 OF MAPS, AT PAGES 72 AND 73
SANTA CLARA COUNTY RECORDS,"
be, and it hereby is accepted and the City Clerk of the Town of Los Altos Hills
be, and she hereby is directed and ordered to cause said "Hold Harmless and
Indemnification Covenant" to be recorded in the Office of the Recorder of the
County of Santa Clara, State of California.
REGULARLY passed and adopted this 4th day of January, 1989.
MAYOR
ATTEST:
CITY CLE' . 122288
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HOLD HARMLESS AND INDEMNIFICATION COVENANT
In consideration of (1) the acceptance by the City Council of the Town
of Los Altos Hills, a Municipal Corporation, of the improvements required in
connection with the division of land entitled
"PARCEL MAP
LANDS OF UGIE
CONSISTING OF TWO SHEETS AND BEING A PORTION OF
LOT 6 AS SHOWN ON THE MAP OF THE M & M TAAFFE
SUBDIVISION OF LOT NO. 4 OF THE TAAFFE PARTITION
IN THE RANCHO LA PURISSIMA CONCEPCION AND AS
RECORDED IN BOOK I OF MAPS AT PAGES 72 AND 73
SANTA CLARA COUNTY RECORDS,"
the Parcel Map for which was recorded on , 19 , in
Book of Maps at Page in the Office of the Santa Clara County Recorder,
and without requiring performance of Condition 6A of the Conditions of
Approval of the Subdivision, approved on March 5, 1986, namely, to increase
the capacity of Purissima Creek to the one (1) percent flood level, by reason
of the extent of the work which would have been required on an existing
single family residence within the Subdivision: and (2) the release of an
amount equal to ninety percent (90%) of the Improvement Security of Ten
Thousand Dollars ($10,000) previously filed by the SUBDIVIDERS and in
conformance with Los Altos Hills Municipal Code Section 9.1.1309, the
undersigned, FRANK. KEITH UGIE and BARBARA A. UGIE, his wife, the
SUBDIVIDERS, and each of them, for themselves and their respective
successors and assigns, do hereby -COVENANT and AGREE to defend,
indemnify, and hold harmless the Town of Los Altos Hills, a Municipal
Corporation, its officers, agents and employees, and each of them, and its
successors, from any and all liability, damages, claims, causes of. action,
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losses, judgments, expenses, including attorney's fees and Court costs, for
death or injury to person or persons, or damage to property, real or personal,
which may arise out of or occur by reason of the (a) failure of the
SUBDIVIDERS to comply with the requirements of condition 6A described
above, or (b) the acceptance of the subdivision improvements and the
release of the SUBDIVIDERS by the Town of Los Altos Hills from the
obligation to comply with the requirement of Condition 6A.
This defense, indemnityand
hold
harmless agreement shall apply to
any acts or omissions,willful conduct or Negligent conduct, whether active or
passive, on the part of the Town of Los Altos.Hills with regard to the Town's
acceptance of the subdivision improvements and the release of the
SUBDIVIDERS from compliance with the above described condition 6A of the
Tentative Map.
IN WITNESS WHEREOF, Frank Keith Ugie. and Barbara A. Ugie have
cuased this agreement to be executed on , 1988.
FRANK KEITH UGIE BARBARA A. UGIE
NOTARY
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STATE OF CALIFORNIA )
ss.
COUNTY OF )
On
, 19 , before me, the undersigned,
a Notary Public in and for said State, personally appeared
personally known to me (or proved to
me on the basis of satisfactory evidence) to be the person whose name
is subscribed to the within instrument and acknowledged that
executed the same.
WITNESS MY HAND AND OFFICIAL SEAL.
Notary Public
My Commission Expires:
/SEAL)
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STATE OF CALIFORNIA )
COUNTY OF. ss.
)
On , 19 , before me, the undersigned,
a Notary Public in and for said State, personally appeared
personally known to me (or proved to
me on the basisof satisfactory evidence) to be the person whose name
is subscribed to the within instrument and acknowledged that
executed the same.
WITNESS MY HAND AND OFFICIAL SEAL.
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Notary Public
My Commission Expires:
(SEAL)