HomeMy WebLinkAbout1985-257
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RESOLUTION NO. 85 257
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH ENGLISH ENTERPRISES, INC., AND
HERMAN A. ENGLISH, JR., RELATING TO THE USE OF THE CONVENTION
CENTER ON JULY 26, 1985.
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
7 execute on behalf of said City an Agreement with English
8 Enterprises, Inc., and Herman A. English, relating to the use of
9 the Convention Center on July 26, 1985, which agreement is
10 attached hereto, marked Exhibit "A" and incorporated herein by
11 reference as fully as though set forth at length.
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I HEREBY CERTIFY that the foregoing resolution was duly
13 adopted by the Mayor and Common Council of the City of San
14 Bernardino at a
special
meeting thereof, held on
15 the
, 1985, by the following
11 th day of
.Tnlv
16 vote, to wit:
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day of
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AYES:
Council Members Estrada Reillv. Hernandez.
Frn7.i~r
NAYS:
Council Members Ouiel. Strickler
ABSENT:
Nnne
C~/~~
The foregoing resolution is hereby approved this /~~
~19~~
Mayor ~
27 ~~~
28 C ty orney
,T1l1y
Bernardino
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AGREEMENT
(Convention Center - Hold Harmless)
AGREEMENT is made and entered into this /~c~day of
, 1985, by and between the CITY OF SAN
a municipal corporation, referred to as "City",
6 and ENGLISH ENTERPRISES, INC., or nominee, and HERMAN A. ENCLISH,
7 JR., referred to collectively as "Licensees".
8 The parties agree as follows:
9 1. Recitals.
10
A. Herman A. English, Jr., has requested the use of
11 the San Bernardino ConvE,ntion Center on July 26, 1985, and on
12 other dates, subject to the requirements and rules and
13 regulations of City.
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B. Licensees have failed to file all policies and
15 certificates issued by the insurers for insurance with City in
16 the amounts and as required by Sections 12.02 and 12.04 of the
17 Operating Agreement for the City of San Bernardino Convention
18 Center and Hotel, executed by the parties hereto in 1982.
19 2. Licensees agree to and shall defend City, Agency and
20 their elected and appointed boards, commissions, officers, agents
21 and employees from any suits or actions at law or in equity for
22 damages caused, or alleged to have been caused, by reason of or
23 arising out of the use of the Convention Center. Licensees
24 further agree to and shall hold harmless and indemnify City,
25 Agency, and their elected and appointed boards, commissions,
26 officers, agents and employees harmless from any and all costs of
27 suit and damages from liability which may arise in or result from
28 any actions at law wherein legal issues are involved concerning
1 personal injuries or property damage, the condition or use of the
2 Convention Center, or the right of City and Agency to concur in
3 the use of such premises by Licensees on the terms and conditions
4 set forth herein.
5 3. Licensees further agree to and shall hold City, Agency
6 and their elected and appointed boards, commissions, officers,
7 agents and employees harmless from any liability for damage or
8 claims for damage for personal injury, including death, as well
9 as from claims for property damage which may arise out of the use
10 of the Convention Center by Licensees or by anyone or more
11 persons directly or indirectly employed by or acting as agent for
12 or with consent of Licensees.
13 4. Licensees shall, prior to execution of this agreement,
14 obtain and file with the Director of Emergency Services and Risk
15 Management of City a copy of a certificate of personal liability
16 and property damage insurance naming the City and Agency as
17 additional insureds in an amount of not less than one million
18 dollars ($1,000,000) as required by Section 12.02 of said
19 operating agreement executed in 1982, and in the manner and in
20 conformance with Section 12.04 of said operating agreement.
21 5. Licensees shall forthwith obtain and file with the
22 Director of Emergency Services and Risk Management a copy of a
23 certificate of personal liability and property damage insurance,
24 naming the City and Agency as additional insureds in an amount
25 satisfactory to said Director for any claims for costs or
26 liability for damages arising out of the use of the Convention
27 Center by Licensees and others pursuant to this Agreement, which
28 he determines is not covered by the insurance policies and
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1 certificates required by Section 4.
2 6. Licensees shall forthwith pay the City a sum of Three
3 Hundred Sixty-Nine Dollars ($369.00) per day for the use of the
4 air conditioning system during after hours for the day of July
5 26, 1985, and shall pay for any other costs and expenses incurred
6 at the request of Licensees. Said payments of money shall be
7 applied to the actual costs of services and energy that may be
8 used by Licensees as after hours charges. Upon such payment of
9 cash and deposit of insurance certificates as provided for,
10 Licensees shall be permitted to use the Convention Center for an
11 event scheduled for July 26, 1985.
12 7. Licensees agree to reimburse or pay the City or Agency
13 for any costs incurred by City or Agency for any personnel who
14 are required to be present to assist or to prepare for the use
15 and operation of the Convention Center on the date set forth
16 herein. Such personnel shall include those performing police,
17 security, utility, or equipment operations during the use of the
18 Convention Center.
19 8. It is understood between the parties that the Licensees
20 shall hold City and Agency harmless from any and all liability
21 which may arise out of the use of the Convention Center, and that
22 neither the City nor the Agency impliedly or expressly have
23 agreed to hold English Enterprises, Inc., harmless from any such
24 Iiabi Ii ty .
25 9. The Ci ty asserts, and Licensees agree, that City does
26 not waive any defaults in performance or compliance with the
27 operating agreement dated 1982, concerning the Convention Center
28 and Hotel, or any rights thereunder by the execution and
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1 performance of this agreement. The failure on the part of City
2 to enforce any provision of this agreement or the operating
3 agreement dated 1982, or any other agreement relating to the use
4 of the Convention Center shall not be construed to effect its
5 Notice of Default or act as a waiver of the right to compel
6 enforcement of such provision or provisions; and further agree
7 that a waiver of breach of any term, covenant or condition of
8 such provision or provisions shall not be deemed a waiver of
9 breach of others, or of subsequent breach of the one waived.
10 10. In the event Licensees fail to provide the insurance
11 certificates required hereunder forthwith, or fail to make any
12 payment provided for herein in advance, or to comply with any
13 other term of this Agreement, City shall have the right to
14 terminate this Agreement forthwith without notice.
15 IN WITNESS WHEREOF, the parties hereto have executed this
16 Agreement on the day and year first above written.
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ATTEST:
CITY OF g BERNARDINO
By If 'Jiy~
~~~~/'
-C ty er
HERMAN A. ENGLISH, JR.
Approved as to form:
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POS7 OFFICE BOX 1318. SAN BERNARDINO. CALIFORNIA 92402
July 16, 1985
SHAUNA CLARK
CITY CLERK
~~. Herman English
English Enterprises
.8520 S. Broadway
Los Angeles, California 90003
Dear Mr. English;
~
At the meeting of the Mayor and Co~on Council held on July 15,
1985, you were authorized the use of the San Bernardino Conven-
tion Center on July 20, 1985 for t~e Southland Corporation event
under, the same tems used for previous approval for the event
taking place on ~uly 26, 1985, and subject to execution of an
agr~e~ent being prepared by the City Attorney.
Si:'!cere1y,
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. ~r-",jJNA C~
City Clerk
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'.layor t'li1cox
City Attorney
City Administrator
Public Buildings
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300 NORTH "0" STREET. SAN BERNMIOINO. CAUFORNIA 9241B.o121
PNnN~ 171.41 '~"'t~I'tD't...J:.lI""
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AGREEMENT
(Convention Center - Hold Harmless)
THIS AGREEMENT is made and entered into this /f~'day of
4 VA /.~ ' 1985, by and between the CITY OF SAN
5 BERNARDINO, a municipal corporation, referred to as "City",
6 and ENGLISH ENTERPRISES, INC., or nominee, and BRENDA ENGLISH
7 RICHARDSON, referred to collectively as "Licensees".
8 The parties agree as follows:
9 1 . Recitals.
10 A. Herman A. English, Jr., has requested the use of
11 the San Bernardino Convention Center on July 20, 1985, subject to
12 the requirements and rules and regulations of City.
13
B. Herman A. English, as President of English
14 Enterprises, Inc., was served with a notice of default of the
15 operating agreement for the San Bernardino Convention Center on
16 July 11, 1985, and has ten (10) days thereafter to cure alleged
17 violations of the agreement, or to settle any disputes concerning
18 such violations by arbitration.
19 2. Licensees agree to and shall defend City, Redevelopment
20 Agency of the City of San Bernardino (Agency) and their elected
21 and appointed boards, commissions, officers, agents and employees
22 from any suits or actions at law or in equity for damages caused,
23 or alleged to have been caused, by reason of or arising out of
24 the use of the Convention Center. Licensees further agree to and
25 shall hold harmless and indemnify City, Agency, and their elected
26 and appointed boards, commissions, officers, agents and employees
27 harmless from any and all costs of suit and damages from
28 liability which may arise in or result from any actions at law
1 wherein legal issues are involved concerning personal injuries or
2 property damage, the condition or use of the Convention Center,
3 or the right of City and Agency to concur in the use of such
4 premises by Licensees on the terms and conditions set forth
5 herein.
6 3. Licensees further agree to and shall hold City, Agency
7 and their elected and appointed boards, commissions, officers,
8 agents and employees harmless from any liability for damage or
9 claims for damage for personal injury, including death, as well
10 as from claims for property damage which may arise out of the use
11 of the Convention Center by Licensees or by anyone or more
12 persons directly or indirectly employed by or acting as agent for
13 or with consent of Licensees.
14 4. Licensees shall, prior to execution of this agreement,
15 have on file with the Director of Emergency Services and Risk
16 Management of City a copy of a certificate of personal liability
17 and property damage insurance naming the City and Agency as
18 additional insureds in an amount of not less than one million
19 dollars ($1,000,000) as required by Sections 11.01 and 12.02 of
20 said operating agreement executed in 1982, and in the manner and
21 in conformance with Section 12.04 of said operating agreement.
22 5. Licensees shall forthwith obtain and file with the
23 Director of Emergency Services and Risk Management a copy of a
24 certificate of personal liability and property damage insurance,
25 naming the City and Agency as additional insureds in an amount
26 satisfactory to said Director for any claims for costs or
27 liability for damages arising out of the use of the Convention
28 Center by Licensees and others pursuant to this Agreement, which
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1 he determines is not covered by the insurance policies and
2 certificates required by Section 4.
3 6. Licensees shall forthwith pay the City a sum of Th~ee
4 Hundred Sixty-Nine Dollars ($369.00) per day for the use of the
5 air conditioning system during after hours for the day of July
6 20, 1985, and shall pay for any other costs and expenses incurred
7 at the request of Licensees. Said payments of money shall be
8 applied to the actual costs of services and energy that may be
9 used by Licensees as after hours charges. Upon such payment of
10 cash and deposit of insurance certificates as provided for,
11 Licensees shall be permitted to use the Convention Center for an
12 event scheduled by Licensees for July 20, 1985.
13 7. Licensees agree to reimburse or pay the City or Agency
14 for any costs incurred by City or Agency for any personnel who
15 are required to be present to assist or to prepare for the use
16 and operation of the Convention Center on the date set forth
17 herein. Such personnel shall include those performing police,
18 security, utility, or equipment operations during the use of the
19 Convention Center.
20 8. It is understood between the parties that the Licensees
21 shall hold City and Agency harmless from any and all liability
22 which may arise out of the use of the Convention Center, and that
23 neither the City nor the Agency impliedly or expressly have
24 agreed to hold English Enterprises, Inc., harmless from any such
25 liability.
26 9. The City asserts, and Licensees agree, that City and
27 Agency do not waive any defaults in performance or compliance
28 with the operating agreement dated 1982, concerning the
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1 Convention Center and Hotel, or any rights thereunder by the
2 execution and performance of this agreement. The failure on the
3 part of City or Agency to enforce any provision of this agreement
4 or the operating agreement dated 1982, or any other agreement
5 relating to the us.e of the Convention Center shall not be
6 construed to effect its Notice of Default or act as a waiver of
7 the right to compel enforcement of such provision or provisions;
8 and further agree that a waiver of breach of any term, covenant
9 or condition of such provision or provisions shall not be deemed
10 a waiver of breach of others, or of subsequent breach of the one
11 waived.
12 10. In the event Licensees fail to provide the insurance
certificates required hereunder forthwith, or fail to make any
payment provided for herein in advance, or to comply with any
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other term of this Agreement, City shall have the right to
terminate this Agreement forthwith without notice.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on the day and year first above written.
ATTEST:
By
ENGLISH ENTERPRISES, INC.
By 0~~,
Title - p!<' /{'
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BRENDA ENGLISH RICHARDSON
By
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Approved as to form:
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3 ~itY torney .
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ECHOLS INSURANCE AGENCY
POST OFFICE BOX N
2830 ':i, RIAL TO
RIALTO, CA. 92376
(714 )875-8533
THtS CERTIFiCATE tS rsSUED AS A MATTER OF INFORMATION ONLY AND ~
NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTFlCATE DOES NOT AIIEND.
EXTE"lD OR A.LTER THE COVERAGE AFFORDED BY THE POUCES BELOW.
INSURED
HERMAN ENGLISH dba: ENGLISH
PRISES
295 NORTH "E" STREET
SAN BERNARDINO, CA. 92401
COMPANIES AFFORDING COVERAGE
--
COMPANY A REPUBLIC I NSURANC E COMPA:n
LETTER
COMPANY B HOMELAND
LEITER
ENTE COMPANY C
LETTER
COMPANY D
LETTER
THIS IS TO CERTIFY THAT POLICIES Of INSURANCE LISTED BELOW HAVE BEEN ISSUEDTOTHE INSURED NAMED ABOVE FOR THE POLICY PERIOD_TED.
NOTWITHSTANDING ANY REQUIREMENT I TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THtS CER'TlFlCATE MAY
BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN tS SUBJECT TO ALL THE TERMS. EXCLUSIONS. AND ~
TK>NS OF SUCH POLICIES. .
TYPE OF INSURANCE
POLtCY NUMBER
POCICY EFRCTM POLIC'1 EXPIRATION
DA.TE (MMIOOIVY) DATI (MMIOOYfl
UABILITY UMITS" ~
AGGREGAtE
GENERAL LIABILITY
X COMI'REHENSM FORM
X PN:MISESIOPERATIONS
UIIlERGROUND
EXPLOSION & COLLAPSE HAZARD
PfIlDUCTSlCDMPLfTED OPERATIONS
X CDmRACTUAI.
NlEPfNDENT CONTRACTORS
X _ FORM PROPERTY DAMAGE
X PBlSDNAl. INJURV
REF0629900A
6/29/85 6/29/.86
~~ $ $
~..wv $ $
.'IPO $1,000$1,000
COMBiNED
PERSONAL INJURY $
AUTOMOBILE LIABILITY
Nt( AlfTD
AU OWNED AUTOS (PRIV. PASS,)
AU OWNED AUTOS (OTHER THAN)
PAIV, PASS.
IftIl AUTOS
N()N.{JWNED AUTOS
_ UA8lLITY
m: $
\l'Ill""""'l
IIIllY
1'4"'_$
~$
~~$
EXCESS LIABIUTY
_LA FORM
OTHER THAN UMBRELLA FORM
~$
$
WORKERS' COMPENSATION
AND
EllPLOYERS' UABIUTY
WC58017
STATl/lORY
6/29/85 6/29/86 (EACIl~
fJISEASE.f'OLI:Y LMl)
(IlISEASE-EACH EMPI.IJI'H)
'-t~'
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OTHER
LEGAL
REF06299A
DESCAIPTION OF OPERATIONSILOCAT1ONSlVEHlClESISPEClAl. ITEMS
ADDITIONAL INSURED: CITY OF SAN BERNARDINO, REDEVELOPEMENT AGENCY, RAMADA
AND CONVENTION CENTER
CITY OF SAN BERNARDINO AND THE
REDEVELOPEMENT AGENCY
300 NORTH "D" STREET
SAN BERNARDINO, CA. 92401
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IfngHsq Ifnterpris~s, ~nr.
ENGLISH SQUARE
BUSINESS and PROFESSIONAL CENTER
8520 South Broadway
Los Angeles, California 90003
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July 17, 1985
Ralph Prince
City Attorney
300 North "D" Street
San Bernardino, CA 92401
Dear Sir:
Conforming with your request this letter will confirm that in
the absence of Herman A. English, Jr., President of English
Enterprises, Inc., I Brenda English-Richardson, Vice-President
of said corporation, do have full authority to conduct the
business affairs pertaining to the Ramada Hotel and Convention
Center.
Per your request I am enclosing our check for $369.00 for utilities
used at the Convention Center on July 20, 1985.
If you need any additional information, please contact me at your
convenience.
Sincerely,
76~ ~/~- p~
Brenda English-Richardson
Vice-President EEl
BERlah
Enclosure
cc: Mayor Wilcox