HomeMy WebLinkAbout1987-378 1 RESOLUTION N0. 57-378
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH THE NATIONAL ORANGE SHOW TO USE
s THEIR GROUNDS FOR POLICE DEPARTMENT TRAINING ACTIVITIES.
4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
5
s SECTION 1. The Mayor of the City of San Bernardino is hereby
7 authorized and directed to execute on behalf of said City an
8 agreement with the National Orange Show to use their grounds to
9 conduct motorcycle training for officers of the San Bernardino
10 Police Department a copy of which is attached hereto, marked
11 Exhibit "A" and incorporated herein by reference as fully as though
12 set forth at length.
13 I HEREBY CERTIFY that the foregoing resolution was duly
14 adopted by the Mayor and Common Council of the City of
15 San Bernardino at a regular meeting thereof,
16 held on the 19th day of October , 1987, by the
17 following vote, to wit:
18 AYES: Council Members Estrada, Reilly, Flores, Maudsley,
ly _ Minors Pope-Ludlam, Miller
20 NAYS: None
21 ABSENT: None
22
23 _ ~/~(~/l/1~/
ity Clerk'
24 The foregoing resolution is hereby approved this ~ day
~ of ~C~-~-c~a-¢~~~ 7.
26
Mayor of the Ci y of San ernardino
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1 A G R E E M E N T
2 THIS AGREEMENT is made and entered into this day of
$ 1987 by and between the CITY OF
4 SAN BERNARDINO, a municipal corporation, hereinafter called "City"
5 and the NATIONAL ORANGE SHOW, hereinafter referred to as "NOS".
6 In exchange for NOS allowing the San Bernardino City Police
'] Department (hereinafter referred to as SBPD) to conduct motor-
g cycle training courses on NOS property for officers of SBPD, City
9 hereby convenants and promises:
10 a. To nat make a claim against nor sue the NOS
11 for any personal injuries or damages arising
12 out of SBPD's motorcycle training course;
• 13
14 b. To indemnify the NOS with respect to all costs
15 and expenses suffered by the NOS in connection
16 with any claim or lawsuit asserted against the
1~ NOS arising from property damages or personal
lg injuries resulting from SBPD's motorcycle
19 training course; and,
20
21 c. To compensate NOS for loss or damage to property,
~ resulting from SBPD's motorcycle course.
~ SBPD or the employers of SBPD trainees will provide the
24 vehicle used in SBPD's motorcycle training course.
~r SBPD will normally conduct its training for one day per
26 month and for a two (2) week period every six (6) months; however
27 SBPD may conduct its training on NOS whenever it desires unless
28 NOS activities require otherwise.
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I ~ ~ ~ .
1 City convenants and promises to inspect the training area
2 on NOS prior to conducting each training session. If City dis-
c covers any unsafe condition, it will discontinue training until
4 NOS General Manager remedies each unsafe condition.
5 NOS may terminate this Agreement without any liabilities,
6 at any time by giving SBPD 30 days written notice of termination.
? This Agreement shall terminate 5 years after the date of its ex-
8 ecution; however, it shall continue on a month-to-month basis for
9 a maximum of 120 days while a new agreement is being executed.
10 NOS will not charge SBPD any consideration for the use of
11 the area because SBPD is an instrumentality of the San Bernardino
12 City government.
13 All notices to the parties arising as a result of this
14 Agreement shall be in writing and delivered in person or sent by
15 certified mail, postage prepaid, return receipt requested, ad-
16 dressed as follows:
1~ ASSOCIATION CITY
18 Joseph Brosmer, General Manager Chief of Police
National Orange Show San Bernardino Police
19 689 So. "E" Street Department
Post Office Box 5749 466 West Fourth Street
20 San Bernardino, CA 92412 San Bernardino, CA 92401
21 ENTIRE AGREEMENT: This Agreement contains the entire
~ Agreement of the parties with respect to the matters covered by
~ this Agreement, and no other Agreement statement or promise made
~ by any party which is not contained in this Agreement shall be
2r binding or valid.
26 IN WITNESS WHEREOF, the parties hereto have subscribed
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9/24/87
1 their names the day and year first herein written above.
2 CITY OF SAN BERNARDINO
3
By
4 Mayor
ATTEST:
b
6
City Clerk
7
NATIONAL ORANGE SHOW
8
9 By
10 Title
11
Approved as to form AGREED T0:
12 and legal content:
SAN BERNARDINO POLICE DEPARTMENT
13 8 r ~
14 Ci Attorney By
15 Title
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