HomeMy WebLinkAbout01-Redevelopment Agency
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AGREEl-lENT
(Convention Center - Hold Harmless)
THIS AGRERMEKT is made and entered into this
dB)" of
, 1985, by and between the CITY OF SAN
BERNARDINO, a municipal corporation, referred tc as "City",
and FNGLI~m ENTERPRISES, INC., or nominee, and HERMAN A. FNGLISH,
JR., referred to collectively as "Licensees".
The parties agree as follows:
1. Recitals.
A. Herman A. English, Jr., has requested the use of
the San Bernardino Convention Center on June 22, 1985, among
other dates, subject to the requirements and rules and
regulations of City.
B. Licensees concede they have failed to file all
policies and certificates issued by the insurers for insurance
with City in the amounts and as required by Sections 12.02 and
12.04 of the Operating Agreement for the City of San Bernardino
Convention Center and Hotel, executed by the parties hereto in
1982.
2. Licensees agree to and shall defend City, Agency and
their elect~d and appointed boards, commissions, officers, agents
and employees from any suits or actions at law or in equity for
damages caused, or alleged to have been caused, by reason of or
arising out of the use of the Convention Center. Licensees
further agree to and shall hold harmless and indemnify City,
Agency, and their elected and appointed boards, commiHsions,
officers, agents and employees harmless from any and all costs of
suit and damages from liability which may arise in or result from
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any actions at law wherein legal issues are involved concerning
personal injuries or property damage, the condition or use of the
Convention Center, or the right of City and Agency to concur in
the use of such premises by Licensees on the terms and conditions
set forth herein.
3. Licensees further agree to and shall hold City, Agency
and their elected and appointed boards, commissions, officers,
agents and employees harmless from any liability for daffiage or
claims for damage for personal injury, including death, as well
as from claims for property damage which may arise out of the use
of the Convention Center by Licensees or by anyone or more
persons directly or indirectly employed by or acting as agent for
or with consent of Licensees.
4. Licensees shall forthwith obtain and file with the
15 . Director of Emergency Services and Risk Management of City a copy
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of a certificate of personal liability and property damage
insurance naming the City and Agency as additional insureds in an
amount of not less than one million dollars ($1,000,000) as
required by Section 12.02 of said operating agreement executed in
1982, and in the manner and in conformance with Section 12.04 of
said operating agreement.
5. Licensees shall forthwith obtain and file with the
Director of Emergency Services and Risk Management a copy of a
certificate of personal liability and property damage insurance,
naming the City and Agency as additional insureds in an amount
satisfactory to said Director for any claims for costs or
liability for damages arising out of the use of the Convention
Center by Licensees and others pursuant to this Agreement, which
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he determines is not covered by the insurance policies and
certificates required by Section 4.
6. Licensees shall forthwith deposi t wi th the Ci. ty a sum of
Three Hundred Sixty-Nine Dollars ($369.00) per day for the use of
the air conditioning system during after hours for the day of
June 22, 1985, Said deposits of money shall be applied to the
actual costs of energy that may be used by Licensees as after
hours charges. Upon such deposit of cash and deposit of
insurance certificates as provided for, Licensees shall be
permitted to use the Convention Center for an event scheduled for
June 22, 1985. Further use shall be dep~ndent upon further
action by the Mayor and Common Council on June 25, 1985, at 9:00
s.m.
7. Licensees agree to reimburse or pay the City or Agency
for any costs incurred by City or Agency for any personnel who
are required to be present to assist or to prepare for the use
and operation of the Convention Center on the date set forth
herein. Such personnel shall include those performing police,
security, utility, or equipment operations during the use of the
Convention Center.
8. It is understood between the parties that the Licensees
shall hold City and Agency harmless from any and all liability
which may arise out of the use of the Convention Center, and that
neither the City nor the Agency impliedly or expressly have
agreed to hold English Enterprises, Inc., harmless from any such
liabil ity.
9. The City asserts, and Licensees agree, that City does
not waive any defaults in performance or compliance with the
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operating agreement dated 1982, concerning ~he Convention Center
and Hotel, or any rights thereunder by the execution and
performance of this agreement. The failure on the part of City
to enforce any provision of this agreement or the operating
agreement dated 1982, or any other agreement relating to the use
of the Convention Center shall not be cc.nstrued as a waiver of
the right to compel enforcement of such provision or provisions;
and further agree that a waiver of breach of any term, covenant or
condition of such provision or provisions shall not be deemed a
waiver of breach of others, or of subsequent breach of the one
waived.
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, therefor, or violate any
other term of this Agreement, Ci ty ~l,all have the right to
terminate this Agreement forthwith.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on the day and year first above written.
CITY OF SAN BERNARDINO
ATTEST:
By_
Mayor
City Clerk
ENGLISH ENTERPRISES, INC.
By
Title
HERMAN A. ENGLISH, JR.
By
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