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HomeMy WebLinkAboutC-1093 - Agreement for use of City's Beach SanitizerGDR aem 12/ 9/66 (7) I1I AGREEMENT Ij (Use of City's beach sanitizer) 3 THIS AGREEMENT is made and entered into this 30th day 4 of December , 1966 , by and between the CITY OF NEW - 5 PORT BEACH, a municipal corporation, herein referred to as "City ", 6 and COOK & GIBSON FORD TRACTORS, INC., a California corporation, 7 herein referred to as "Cook ". 8 RECITALS: 9 Cook has requested that City loan it one of City's 10 Allis- Chalmers beach sanitizers, to be used by Cook in a demonstra- 11 tion of track conditioning at the Hollywood Park Racetrack in 12 Inglewood. 13 AGREEMENT: 14 The parties hereto agree that Cook will borrow one of 15 City's Allis - Chalmers beach sanitizers subject to the following 16 conditions: 17 1. The beach sanitizer will be picked up by employees 18 of Cook at 9:00 A. M. on Tuesday, January 3, 1967, at the City Yard 19 2. The beach sanitizer will be transported by flat -bed 20 truck to Hollywood Park Racetrack where it will be used for the 21 above stated demonstration purposes. It will not be used at any 22 other location or for any other purpose. 23 3. The beach sanitizer will be returned to the City 24 Yard on Wednesday, January 4, 1967. 25 4. While being used for said demonstration purposes, 26 the beach sanitizer will be towed by a Cook owned tractor and oper- 27 ated by a Cook employee. 28 5. Cook shall indemnify and hold harmless the City, 29 the City Council and all City employees from any and all injury, 30 loss or damage that may arise from the operation and transportation 31 of the City's beach sanitizer by Cook and its employees; and Cook 32 shall provide for the defense of City, the City Council, and City ... 11 2 3 4, 5 6 7j 81 EIF 10 11 12 131 14' 15 16. 17 18� 19 20' 21 22 23 24 25 26 27 28 29 30 31 32 • employees against any suits, claims or actions brought by any person or persons for or on account of any injuries or damages sustained or arising as a result of the operation and transporta- tion of City's beach sanitizer by Cook and its employees. 6. Cook shall provide C__ty with a certificate of insur- ance showing that Cook carries a minimum liability insurance as follows: (a) Limit of liability for injury or accidental death: One person ................$100,000 One accident ..............$000,000 (b) Limit of liability for property damage: One accident ..............$ 25,000 Aggregate liability ....... $ 50,000 The certificate shall name the City as an additional insured for the purposes of this agreement. =CUTED as of the day and year first hereinabove mentioned. CITY OF NEWPORT BEACH By APPROVED AS TO FORM: > City Manager ZCITY T'uTl l- I. Se City Attorney COOK & GIBSON FORD TRACTORS, INC. —� George Gi soa�- Vice President 2. 1 2 (Use ofIh saniBa_ n�i ,i,,,, 3 3 THIS ACK906MT.Le made and entered into tVA day 4 of „ ecember 196.6... by and between the CITY OF N%W- 5 FORT Big, a municipal corporation, herein referred to as "Ci.ty", 6 and COOK GIBBON FORD ZRALCTORS0, INCC., a Califov%IA corporation, 7 herein referred to 43 "Cook ". 8 R+CIT : 9 Gook has requested that City loap it one of City's 10 Allis - Chalmers beach sanitizers, to be used by Gook in a demonstra- tion of track conditioning at the Hollywood Park Racetrack in 12 In6lewood. 13 f AGA r: . 14 The parties hereto agree that Cook will borrow one of 15 City's Allis - Chalmers beach sanitizers subject >to the falloving 16 conditions: 17 + 2. The beach sanitirer will be picked up by employees 18 of Cook at 900 A. N. on Tuesday, January 3, 1%7, at the. City Yard 19 ! 2. The beach sanitizer will be transported by flat -bad 20 1 truck to Hollywood Park Racetrack where it will be used for the 21 above stated demonstration purposes. It will not be used at any 22 other location or for any other purpose. 23 3. The beach sanitiser will be returned to the City 24 Yard on Wednesday, January 4, 1%7. 25 4. While being, used for said demonstration purposes, 26 the beach.saaait3.ser will be towed by a Cook ovned tractor and oper- 27 ated by a Cook .employee. 28 5. Cook shall indemnify and hold harmless %;he City, 29 the City Council and all City employees from any and all injury, 30 loss or damage that may arise from the operation and transportation 31 of the City's beach sanitizer by Cook and its employees; and Cook 32 I shall provide for the defense of City, the City Council, and City 1 2 3 4 5 6 7 1.3 9 10 11 12 13 14 15 16 17 1 18 19 20 21 22 23' 24 25 26 27 28 29 30 31 32 employees against arel "its, claims or actions brought iy any person or persons for an on account of any injuries or damages suat#iaed or arising as a result of the operatiei - and transporta- tion of Cicy's beach ssnitizer by Cook and its employees. 6. Cook shall prom City 1vith a certifieatat:sf ineur- anes Showizig that Cook carries a minisms liability insurance as follows: (a) Limit of liability for injury or accidental death: One person..*, ............ $1009000 One accident ..............$300,(00 (b) Limit of liability for property damage; One accident ..............$ 2D,000 Aggregate liability .......$ 50,000 The certificate shall name the City as an additional insured for the purposes of this agreement. EXECUTED as of the day and year first hereinabove mentioned, CITY OF KD)MT BEACH B APPAAV80 AS TO FORM* Y � e � ty ger /s/ Tully H. Seymour C1Y Tully H. Seymour, C;.ty Attorney COM SOY: FORD OAS, INC. By eorge Cibson lice president 2. c < -. . • CITY OF NEWPORT BEACH CITY ATTORNEY DEPARTMENT To: City Clerk From: City Attorney • January 3, 1967 Subject: Agreement for use of City's beach sanitizer Transmitted are the original and two copies of an agreement with Cook & Gibson Ford Tractors, Inc. for the loan of a City -owned beach sanitizer. Our office has sent a fully executed copy to Mr. George Gibson, Vice President of the above company, on this date. / George Roberts Assistant City Attorney GDR :aem Attachs. cc - City Manager General Services Director