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HomeMy WebLinkAboutResolution No. 5140RESOLUTION NO. 5140 A RESOLUTION AUTHORIZING THE SIGNING OF A HOLD HARMLESS COVENANT WITH SAMUEL W. GARDINER FOR DEVELOPMENT OF PROPERTY IN EAST SAN RAFAEL PRIOR TO COMPLETION OF A PROTECTIVE LEVEE THE CITY COUNCIL OF THE CITY OF SAN RAFAEL HEREBY RESOLVES as follows: The MAYOR and CITY CLERK are authorized to execute, on behalf of the City of San Rafael a Hold Harmless Covenant with Samuel W. Gardiner for any damage to his property or improvements in East San Rafael from flood waters prior to completion of a protective levee or from claims as a result of his elevating and improving his property. A copy of said HOLD HARMLESS COVENANT is hereby attached and by this reference made a part hereof. I, MARION A. GRADY, City Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a REGULAR meeting of the City Council of said City held on TUESDAY, the 6TH day of JULY, 1976, by the following vote, to wit: AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon MARION A. GRADY, City Cle .,I I 10 P I ,—C. AGENDA ITEM N0. 5 t' () V f': N A N T THIS INDENTURE, executed this 1� day of 19-16, by and butw�c:n SAMUEL W. GARDINER ("Owner") n the CITY OF SAN IZAPAU'l, WITNESSETH: OWNER heretofore applied to City for a minor subdivision (lot split) on a parcel of approximately 7.9 acres. OWNER desires to out certain improvements on property known as Lot Number 1 as shown on Map recorded in Marin County Recorders Book 12 at Page 14 and recorded on December 23, 1975, and to do that he must fill said property to an elevation acceptable to the City Engineer and agree to hold the City harmless for any damage that might occur prior to the completion of East Sari Rafael, northeast of Highway 17,1evee. OWNER would further hold the City harmless from all cliiims of damages of whatever nature occurring to property at a lower ele,- , vation as a result of the increased elevatign and/or improvements placed on Owner's property. NOW '1'll;REFORE, in consideration for, and to procure the necessary permits, said Parcel Number 1 Ore impressed with a covenant running with the land as follows: The .property is subject to the following agreements in order to absolve the City of San Rafael of any responsibility or arty liability that could arise from the approval of improvement l�l,lns Anti the issuance of permits prior to the construction of a pye)tenc:t.ive IL -vee. 1. OwrtL_r ay.re.us ted indemnify, defend, anti hold the City of Sian Rafael harinl.ess for any damage to his lot or improvements (T(J111 t I(A111 W,0.01:-, 1jriUr to completion of they protective levee as ,al,IIt 1)'!L'L1 lir 1. Ite: C' 11_y 1';I1,1 1 I102('1: . C.C. AGf_NDA IRM N0. 5 OWIIt, r t ut t.h0r .ikjrev s t () iiicit.! nniEy, defend, and hold the ('j Ly u1. :,.Jlr NO'LC3t-!1 harmless from c1ain►5 arising as a result of owner's u l uv,a t i ny and improving the above-described Marcel Number � IN WITNESS WHEREOF, Owner teas executed this Covenant as or thu day ani year first hereinabovt: written. .9 U L W --GARDIRkW Owner CITY OF SAN RAI'AEL C. PAUL BETTINI, Mayor Attests MA100P A. GRADYI, City C16 -IN ,r Approved as to Form: �2=-- — L --- FI'nRRY -1ONNICK, City Attorney