HomeMy WebLinkAbout1987-409
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RESOLUTION NO.
R7-40Q
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH THE NATIONAL ORANGE SHOW TO USE
3 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:
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SECTION 1. The Mayor of the City of San Bernardino is hereby
authorized and directed to execute on behalf of said City an
agreement with the National Orange Show to use their grounds to
conduct motorcycle training for officers of the San Bernardino
Police Department a copy of which is attached hereto, marked
Exhibi t "A" and incorporated herein by reference as fully as
though set forth at length.
13 SECTION 2. Resolution No. 87-378 is hereby repealed.
14 I HEREBY CERTIFY that the foregoing resolution was duly
15 adopted by the Mayor and Common Council of the City of
regular
16 san Bernardino at a
meeting thereof,
16th
November
17 held on the
day of
, 1987, by
18 the following vote, to wit:
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Estrada, Reilly, Flores, Mauds1ey,
AYES:
Council Members
Minor, Pope-Ludlam, Miller
NAYS:
None
ABSENT:
None
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City Clerk
11/10/87
The foregoing resolution is hereby approved this
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day of
November
1987.
6 Approved as to form and legal content~
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rtfy Attorney
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11/10/87
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of San Bernardino
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A G R E E MEN T
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THIS AGREEMENT is made and entered into this (7cL day of
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1987 by and between the CITY OF SAN
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BERNARDINO, a municipal corporation, hereinafter called "City",
and NATIONAL ORANGE SHOW, hereinafter referred to as "NOS".
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In exchange for NOS allowing the San Bernardino City Police
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Department (hereinafter referred to as SBPD) to conduct
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motorcycle training courses on NOS property for officers of SBPD,
City hereby covenants and promises:
a.
b.
c.
d.
To not make a claim against nor sue the NOS for
any personal injuries or damages arising out of
SBPD's motorcycle training course or any other use
of NOS property by City, its agents, officers or
assigns;
To indemnify NOS with respect to all costs and
expenses suffered by NOS in connection with any
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claim or lawsuit asserted against the NOS arising
from property damages or personal injuries
resulting from SBPD's motorcycle training course
or any other use of NOS property by Ci ty
personnel, its agents or assigns; such costs shall
include any damages to NOS premises;
To compensate NOS for loss or damage to property,
resulting from SBPD's motorcycle course or other
use of NOS property by Ci ty, its agents or
assigns; and,
To provide advance notification to NOS when their
facilities are to be used, indicating the
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involved,
number
of
department
persons
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participating, type of vehicles and specific areas
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on the NOS premises in which the training will be
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conducted.
The purposes of this request is to
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make certain that training activities will not be
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in conflict with any other activities occurring on
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the NOS showgrounds.
Such advance reservations
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should be made with the NOS Sales Office.
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SBPD or the employers of SBPD trainees will provide the
vehicle used in SBPD's motorcycle training course or any other
vehicle required for safety of the premises and safety of the
training procedure.
SBPD will normally conduct its training for one day per
month and for a two (2) week period every six (6) months;
however, SBPD may conduct its training on NOS with the prior
written approval of NOS or its authorized agent.
City covenants and promises to inspect the training area on
NOS prior to conducting each training session.
NOS may terminate this Agreement without any liabilities, at
any time by giving SBPD fifteen (15) days written notice of
termination. This Agreement shall terminate automatically five
(5) years after the date of its execution; NOS may cancel
training for any conflicting event upon five (5) day notice.
City agrees that it is presently uninsured and that it will
provide standard hold harmless agreement language approved by
City Council in lieu of the normal certificate naming NOS as
additional insured. All training will occur on what is referred
to as the West Arrowhead parking lot.
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All notices to the parties arising as a result of this
Agreement shall be in writing and delivered in person or sent by
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certified mail, postage prepaid, return receipt requested,
4 addressed as follows:
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ASSOCIATION
CITY
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Joseph Brosmer, General Manager
National Orange Show
689 South "E" Street
Post Office Box 5749
San Bernardino, CA 92412
Chief of Police
San Bernardino Police
Department
466 West Fourth Street
San Bernardino, CA 92401
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WITH COpy TO:
Wilfrid C. Lemann
Fullerton & Lemann
472 North Arrowhead Avenue
San Bernardino, CA 92401
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
binding or valid.
IN WITNESS WHEREOF, the parties hereto have subscribed their
names the day and year first herein written above.
CITY OF SAN BERNARDINO
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By_ :,-l!r1~ /~/
OR /
ATTEST:
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d:72LI'/I~Z. ",..I:21/J
CITY CLERK
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NATIONAL ORANGE SHOW
By
Approved as to form
and legal content:
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AGREED TO:
SAN
By
Title
(A14)009