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
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•
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
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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