HomeMy WebLinkAbout1992-335
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RESOLUTION NO. 92-335
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING
THE EXECUTION OF INDEMNITY AGREEMENT WITH HARMON"AUTO CENTER,
CENTER CHEVROLET, CREST CHEVROLET, AND TOYOTA OF SAN BERNARDINO
RELATIVE TO VEHICLES TO BE USED IN THE CITIZEN'S PATROL PROGRAM.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1.
The Mayor is
hereby authorized and
directed
to execute on behalf of
said City an indemnity
agreement
wi th Harmon Auto Center,
Center Chevrolet, Crest
Chevrolet, and Toyota of San Bernardino.
Copies of said
10 agreements are attached hereto marked Exhibit A-I, A-2, A-3, and
11 A-4, respectively and incorporated herein by reference as fully
12 as though set forth at length.
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SECTION 2. The authorization to execute the above-
14 referenced agreement is rescinded if the parties to the
15 agreement fail to execute it within sixty (60) days of the
16 passage of this resolution.
17 I HEREBY CERTIFY that the foregoing resolution was
18 duly adopted by the Mayor and Common Council of the City of San
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Bernardino at a reqular
meeting thereof, held on the17rh
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"
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING
THE EXECUTION OF INDEMNITY AGREEMENT WITH HARMON AUTO CENTER,
CENTER CHEVROLET, CREST CHEVROLET, AND TOYOTA OF SAN BERNARDINO
RELATIVE TO VEHICLES TO BE USED IN THE CITIZEN'S PATROL PROGRAM.
day of
, 1992, by the following vote, to wit:
Auaust
Council Members: AYES NAYS ABSTAIN ABSENT
ESTRADA x
REILLY x
HERNANDEZ x
MAUDSLEY x
MINOR x
POPE-LUDLAM x
MILLER x
,~~~
cit Clerk '
~
~i
The foregoing resolution is hereby a
day of
/
City
Approved as to
form and legal content:
JAMES F. PENMAN
City Attorney
_a~
,.
)
(Approved per C~y of S Bdno
Res 92-335 ~dopted 8/17/92)
INDEMNITY AGREEMENT
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3 This Indemnity Agreement is made this .tJ.]! day Of)liftlhl\ ,
4 1992, between the CITY OF SAN BERNARDINO, a Municipal Corporation
5 ("CITY") and TOYOTA OF SAN BERNARDINO, a California Corporation
6 ("AUTO DEALER").
7 RECITALS
8 WHEREAS, CITY'S police department has established a program
9 known as "Citizens Patrol", under which volunteers will assist the
10 Department in non-hazardous situations; and
11 WHEREAS, AUTO DEALER is willing to donate car for CITY'S use
12 in this program, subject to the terms and conditions set forth
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below;
NOW, THEREFORE, the parties agree as follows:
1. AUTO DEALER agrees to provide one (1) vehicle for CITY'S
use in its "Citizens Patrol" program, said vehicle being described
as follows:
Make:
Toyota Corolla
Year:
1992
License No.:
2YEE96l
VIN Number:
lNXAE94AXNZ295438
2.
From time to time AUTO DEALER may, in its sole
discretion, substitute a different vehicle for use in the program.
To do so, AUTO DEALER shall give written notice to the Chief of
Police requesting return of the vehicle then in use, giving the
year, make, license and VIN number of the vehicle to be
substituted, and the date on which it is to be delivered to the
CITY.
RJM:ms[toyota.agm]
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3. Ti tIe to any vehicle provided to CITY under this
Agreement shall remain with AUTO DEALER.
4. CITY shall indemnify, defend and hold AUTO DEALER, its
officers, agents and employees, free and harmless from any and all
liability, loss, damage, expense, causes of action, suits, claims
or judgments arising from injury to person or property resulting
from or based upon the use or operation of the vehicle subject to
this agreement; and CITY shall, at its own cost and expense,
defend any and all suits which may be brought against AUTO DEALER,
either alone or conjunction with others, upon any such liability
or claim or claims and shall satisfy, pay and discharge any and
all judgments and fines that may be recovered against AUTO DEALER
in any such action or actions; provided, however, that this
indemnity shall not extend to any liability, loss, damage,
expense, cause of action, suit, claim or judgment resulting from
or based upon the sole negligence or intentional misconduct of
AUTO DEALER or its officers, agents and employees.
5. CITY shall bear the risk of loss or damage (excluding
normal wear and tear) to the vehicle during such time as it is in
CITY'S possession.
6. Either party may cancel this agreement upon giving five
(5) days written notice to the other.
7. Any notice or other written communication pursuant to
this Agreement, or concerning this Agreement, shall be given as
follows:
If to CITY:
Daniel A. Robbins
Chief of Police
City of San Bernardino
466 West Fourth Street
San Bernardino, CA 92401
RJM:ms[toyota.agm]
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If to AUTO DEALER: Toyota of San Bernardino
765 West Showcase Drive
San Bernardino, CA 92412
IN WITNESS WHEREOF, the parties have executed this Agreement
on the date first written above.
Approved as to Form and
Legal Content:
James F. Penman
City Attorney
BY:P~tu
RJM:ms[toyota.agm]
"CITY"
CITY OF
Jr"..?
SEP 11 1992
Valerie Pope-Ludlam, Mayor pro Tempore
Ko. (}}{{J), J(,\{1JfU~{
Rachae1 Krasne , 'City Clerk
~L J()Jy[il~{I;!rvd;Y>o....; I DfCWCJ'u'
\1 "AUTO DEALER"
TOYOTA OF SAN
By:
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(Approved Per Cty of S Bdno
Res 92-335 adopted 8/17/92)
INDEMNITY AGREEMENT
1992,
This Indemnity Agreement is made this '.l111 day of ~,
between the CITY OF SAN BERNARDINO, a Municipal Corporation
("CITY") and CREST CHEVROLET, a California Corporation ("AUTO
DEALER" ) .
RECITALS
WHEREAS, CITY'S police department has established a program
known as "Citizens Patrol", under which volunteers will assist the
Department in non-hazardous situations; and
WHEREAS, AUTO DEALER is willing to donate car for CITY'S use
in this program, subject to the terms and conditions set forth
below;
NOW, THEREFORE, the parties agree as follows:
1. AUTO DEALER agrees to provide one (1) vehicle for CITY'S
use in its "Citizens Patrol" program, said vehicle being described
as follows:
Make:
Chevrolet Cavalier
Year:
1991
License No.:
New
VIN Number:
1G1JC14G5MJ149991
2.
From time to time AUTO DEALER may, in its sole
discretion, substitute a different vehicle for use in the program.
To do so, AUTO DEALER shall give written notice to the Chief of
Police requesting return of the vehicle then in use, giving the
year, make, license and VIN number of the vehicle to be
substituted, and the date on which it is to be delivered to the
CITY.
RJM:ms[crest.agmJ
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3.
Title to any vehicle provided to CITY under this
2 Agreement shall remain with AUTO DEALER.
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4. CITY shall indemnify, defend and hold AUTO DEALER, its
4 officers, agents and employees, free and harmless from any and all
5 liability, loss, damage, expense, causes of action, suits, claims
6 or judgments arising from injury to person or property resulting
7 from or based upon the use or operation of the vehicle subject to
8 this agreement; and CITY shall, at its own cost and expense,
9 defend any and all suits which may be brought against AUTO DEALER,
10 either alone or conjunction with others, upon any such liability
11 or claim or claims and shall satisfy, pay and discharge any and
12 all judgments and fines that may be recovered against AUTO DEALER
13 in any such action or actions; provided, however, that this
14 indemnity shall not extend to any liability, loss, damage,
15 expense, cause of action, suit, claim or judgment resulting from
16 or based upon the sole negligence or intentional misconduct of
17 AUTO DEALER or its officers, agents and employees.
18 5. CITY shall bear the risk of loss or damage (excluding
19 normal wear and tear) to the vehicle during such time as it is in
20 CITY'S possession.
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6. Either party may cancel this agreement upon giving five
(5) days written notice to the other.
7. Any notice or other written communication pursuant to
this Agreement, or concerning this Agreement, shall be given as
follows:
If to CITY:
Daniel A. Robbins
Chief of Police
City of San Bernardino
466 West Fourth Street
San Bernardino, CA 92401
RJM:ms[crest.agm)
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If to AUTO DEALER: Crest Chevrolet
909 W. 21st street
San Bernardino, CA 92405
IN WITNESS WHEREOF, the parties have executed this Agreement
on the date first written above.
"CITY"
)
CITY OF SAN
"
_/' y---
W. b, Ma or AUG 2 7 1'-
~K~;sn~;i:~e;k
"AUTO DEALER"
CREST CHEVROLET
,,2 ~-,
BY:.~ (~$-
Approved as to Form and
Legal Content:
James F. Penman
City Attorney
By: ~
R~l:ms[crest.agm]
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(Approved per Cty of S Bdno
Res 92-335 'adopted 8/17/92)
INDEMNITY AGREEMENT
1992,
This Indemnity Agreement is made this f1ttJ.,day of ~,
between the CITY OF SAN BERNARDINO, a Municipal co~oration
( "CITY") and CENTER CHEVROLET, a California Corporation ("AUTO
DEALER") .
RECITALS
WHEREAS, CITY'S police department has established a program
known as "Citizens Patrol", under which volunteers will assist the
Department in non-hazardous situations; and
WHEREAS, AUTO DEALER is willing to donate car for CITY'S use
in this program, subject to the terms and conditions set forth
below;
NOW, THEREFORE, the parties agree as follows:
1 . AUTO DEALER agrees to provide one (1) vehicle for CITY'S
use in its "Citizens Patrol" program, said vehicle being described
as follows:
Make:
Chevrolet Cavalier
Year:
1991
License No.:
2XQR40l
VIN Number:
lGlJCS5G9M7286498
2. From time to time AUTO DEALER may, in its sole
discretion, substitute a different vehicle for use in the program.
To do so, AUTO DEALER shall give written notice to the Chief of
Police requesting return of the vehicle then in use, giving the
year, make, license and VIN number of the vehicle to be
substituted, and the date on which it is to be delivered to the
CITY.
RJM:ms[center.agm)
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3. Title to any vehicle provided to CITY under this
Agreement shall remain with AUTO DEALER.
4. CITY shall indemnify, defend and hold AUTO DEALER, its
officers, agents and employees, free and harmless from any and all
liability, loss, damage, expense, causes of action, suits, claims
or judgments arising from injury to person or property resulting
from or based upon the use or operation of the vehicle subject to
this agreement; and CITY shall, at its own cost and expense,
defend any and all suits which may be brought against AUTO DEALER,
either alone or conjunction with others, upon any such liability
or claim or claims and shall satisfy, pay and discharge any and
all judgments and fines that may be recovered against AUTO DEALER
in any such action or actions; provided, however, that this
indemnity shall not extend to any liability, loss, damage,
expense, cause of action, suit, claim or judgment resulting from
or based upon the sole negligence or intentional misconduct of
AUTO DEALER or its officers, agents and employees.
5. CITY shall bear the risk of loss or damage (excluding
normal wear and tear) to the vehicle during such time as it is in
CITY'S possession.
6. Either party may cancel this agreement upon giving five
(5) days written notice to the other.
7. Any notice or other written communication pursuant to
this Agreement, or concerning this Agreement, shall be given as
follows:
If to CITY:
Daniel A. Robbins
Chief of Police
City of San Bernardino
466 West Fourth Street
San Bernardino, CA 92401
RJM:ms[center.agm}
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If to AUTO DEALER: Center Chevrolet
1355 So. "E" Street
San Bernardino, CA 92408
IN WITNESS WHEREOF, the parties have executed this Agreement
on the date first written above.
Approved as to Form and
Legal Content:
James F. Penman
City Attorney
BY:_P=~
RJM:ms[center.agm)
"CITY"
UG 2 6 1991
~~,e ~
Rac el Krasney, City erk
"AUTO DEALER"
CENTER CHEVROLET
By:
.\'\1\
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(Approved per,Cty of S Bdno
Res 92-335 'adopted 8/17/921
INDEMNITY AGREEMENT
This Indemnity Agreement is made this 'dnJ day of
1992, between the CITY OF SAN BERNARDINO, a Municipal
ct l
,)uP/ .",I-t~ ,
f
Corporation
( "CITY") and HARMON AUTO CENTER, a Delaware Corporation ("AUTO
DEALER" ) .
RECITALS
WHEREAS, CITY'S police department has established a program
known as "Citizens Patrol", under which volunteers will assist the
Department in non-hazardous situations; and
WHEREAS, AUTO DEALER is willing to donate car for CITY'S use
in this program, subject to the terms and conditions set forth
below;
NOW, THEREFORE, the parties agree as follows:
1. AUTO DEALER agrees to provide one (1) vehicle for CITY'S
use in its "Citizens Patrol" program, said vehicle being described
as follows:
Make:
Plymouth Acclaim
Year:
1992
License No.:
2YHX620
VIN Number:
3P3XA46K8NT202l99
2.
From time to time AUTO DEALER may, in its sole
discretion, substitute a different vehicle for use in the program.
To do so, AUTO DEALER shall give written notice to the Chief of
Police requesting return of the vehicle then in use, giving the
year, make, license and VIN number of the vehicle to be
substituted, and the date on which it is to be delivered to the
CITY.
RJM:ms [harmon. agm]
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3. Ti tIe to any vehicle provided to CITY under this
Agreement shall remain with AUTO DEALER.
4. CITY shall indemnify, defend and hold AUTO DEALER, its
officers, agents and employees, free and harmless from any and all
liability, loss, damage, expense, causes of action, suits, claims
or judgments arising from injury to person or property resulting
from or based upon the use or operation of the vehicle subject to
this agreement; and CITY shall, at its own cost and expense,
defend any and all suits which may be brought against AUTO DEALER,
either alone or conjunction with others, upon any such liability
or claim or claims and shall satisfy, pay and discharge any and
all judgments and fines that may be recovered against AUTO DEALER
in any such action or actions; provided, however, that this
indemnity shall not extend to any liability, loss, damage,
expense, cause of action, suit, claim or judgment resulting from
or based upon the sole negligence or intentional misconduct of
AUTO DEALER or its officers, agents and employees.
5. CITY shall bear the risk of loss or damage (excluding
normal wear and tear) to the vehicle during such time as it is in
CITY'S possession.
6. Either party may cancel this agreement upon giving five
(5) days written notice to the other.
7. Any notice or other written communication pursuant to
this Agreement, or concerning this Agreement, shall be given as
follows:
If to CITY:
Daniel A. Robbins
Chief of Police
City of San Bernardino
466 West Fourth Street
San Bernardino, CA 92401
RJM:ms [harmon. agm]
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If to AUTO DEALER: Harmon Auto Center
770 West Showcase Drive
San Bernardino, CA 92408
IN WITNESS WHEREOF, the parties have executed this Agreement
on the date first written above.
"CITY"
CITY OF
SEP 2 1992
Kg;i.4it0 1(\ Lwf1J:ftJ
Rac~ael Krasney, City Clerk
Off: )/ll'nCU.JiJ /f1.prltY?(Uj 7J-epo-tJ
"AUTO DEALER" if""'
HARMON AUTO CENTER
BY:~~
Approved as to Form and
Legal Content:
James F. Penman
City Attorney
BY'_~~
RJM:ms (harmon. agm]
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(Approved per Cty of S Bdno
Res"92-335 adopted 8/17/92)
INDEMNITY AGREEMENT
This Indemnity Agreement is made this ___ day of
1992, between the CITY OF SAN BERNARDINO, a Municipal Corporation
("CITY") and TOYOTA <<?F SAN BERNARDINO, a California Corporation
( "AUTO DEALER").
RECITALS
WHEREAS, CITY'S pOlice department has established a program
known as "Citizens Patrol", under which volunteers will assist the
Department in non-hazardous situations; and
WHEREAS, AUTO DEALER is willing to donate car for CITY'S use
in this program, subject to the terms and conditions set forth
below;
NOW, THEREFORE, the parties agree as follows:
1. AUTO DEALER agrees to provide one (1) vehicle for CITY'S
use in its "Citizens Patrol" program, said vehicle being described
as follows:
Make:
Toyota Corolla
Year:
1992
License No.:
2YEE961
VIN Number:
1NXAE94AXNZ295438
2. From time to time AUTO DEALER may, in its sole
discretion, substitute a different vehicle for use in the program.
To do so, AUTO DEALER shall give written notice to the Chief of
Police requesting return of the vehicle then in use, giving the
year, make, license and VIN number of the vehicle to be
substituted, and the date on which it is to be delivered to the
CITY.
RJM:ms [toyota. agm]
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3.
Ti tIe to any vehicle provided to CITY under this
2 Agreement shall remain with AUTO DEALER.
3 4. CITY shall indemnify, defend and hold AUTO DEALER, its
4 officers, agents and employees, free and harmless from any and all
5 liability, loss, damage, expense, causes of action, suits, claims
6 or judgments arising from injury to person or property resulting
7 from or based upon the use or operation of the vehicle subject to
8 this agreement; and CITY shall, at its own cost and expense,
9 defend any and all suits which may be brought against AUTO DEALER,
10 either alone or conjunction with others, upon any such liability
11 or claim or claims and shall satisfy, pay and discharge any and
12 all judgments and fines that may be recovered against AUTO DEALER
13 in any such action or actions; provided, however, that this
14 indemnity shall not extend to any liability, loss, damage,
15 expense, cause of action, suit, claim or judgment resulting from
16 or based upon the sole negligence or intentional misconduct of
17 AUTO DEALER or its officers, agents and employees.
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5. CITY shall bear the risk of loss or damage (excluding
normal wear and tear) to the vehicle during such time as it is in
CITY'S possession.
6. Either party may cancel this agreement upon giving five
(5) days written notice to the other.
7. Any notice or other written communication pursuant to
this Agreement, or concerning this Agreement, shall be given as
follows:
If to CITY:
Daniel A. Robbins
Chief of Police
City of San Bernardino
466 West Fourth Street
San Bernardino, CA 92401
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If to AUTO DEALER: Toyota of San Bernardino
765 West Showcase Drive
San Bernardino, CA 92412
IN WITNESS WHEREOF, the parties have executed this Agreement
on the date first written above.
"CITY"
CITY OF SAN BERNARDINO
W. R. Holcomb, Mayor
Rachael Krasney, City Clerk
"AUTO DEALER"
TOYOTA OF SAN BERNARDINO
By:
Approved as to Form and
Legal Content:
James F. Penman
City Attorney
BY:_P~~
RJM:ms [toyota. agm]
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