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HomeMy WebLinkAboutReso 121-1974 RESOLUTION NO. 12~-74 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AUTHORIZING EXECUTION OF INDEMNITY AGREEMENT - UP-269 (ROLLER SKATING RINK). BE IT RESOLVED by the City Council of the City of South San Francisco that execution of the Indemnity Agreement in the form attached hereto as Exhibit "A", is hereby authorized and the Mayor is authorized to execute said agreement on behalf of the City and City Clerk attest his signature thereto. I hereby certify that the foregoing Resolution was regu- larly introduced and adopted by the City Council of the City of South San Francisco at a adjourned reqular meeting held on the 27th day of June , 19 74 , by the following vote: AYES, COUNCILMEN Richard A. Battaglia, Terry J. Mirri, Leo Padreddii, and Warren Steinkamp NOES, " None ABSENT, " F. Frank Mammin i ATTEST: City CleDk ill i[' fill EXHIBIT A RESOLUTION NO. 121-74 INDB~4N ITY AGREEMENT This Agreement, made and entered into this 27th day of June, 1974, by and between the City of South San Francisco, a municipal corporation, hereinafter referred to as "City", and Ambrose V. Del Vecchio,. hereinafter referred to as "Permittee". RECITALS 1. City has heretofore granted to Applicant.a certain use permit referred to as "UP-269" in the official records of the City, which said use permit contained the condition, together with other conditions, that Permittee enter into the within Agreement with City. 2. Permittee is desirous of complying with all of the terms and conditions of such use permit, and wishes to reduce to writing the terms of his 'indemnification agreement with City as follows: AGREE[4ENTS 1. Permittee does by this Agreement. hereby indemnify and hold harmless the City of South San Francisco, a municipal corporation, and its elective and appointive officers and employees from any. and all claims or damages, including attorney fees, incur- red by City, including but not limited to-damages to or for approp- riation of the property interest created by the Declarations of Covenant's and Restrictions arising out of construction of improve- ments on or use of the areas subject to Cabot, Cabot and Forbes Declarations, Declarations of Covenants and Restrictions dated Page One March 23, 1964, filed in the official records of the County of San Mateo on March 26, 1964, Volume 4675, Pages 121 and following. claim, 2. City agrees that upon the receipt of any such demand or complaint for damages directed against City or any of its elective or appointive officers and employees, City shall forthwith notify Permittee at the premises of Permittee, loCated at 215 East Grand Avenue, South San Francisco, California, and shall transmit to Permittee a copy of any such claim, demand or complaint for damages. Permittee shall forthwith undertake the defense of such claim, demand or complaint for damages, and shall pay all damages assessed by a Court of final jurisdiction assessed against the City or its elective or appointive officers and employees, including any attorney fees awarded by such Court. This Agreement was executed the day and year first above written. ATTEST: City Clerk ' City of South San Francisco, a munzcipal corporation Per itte A~4BROSB V. DBL VBCCHIO