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HomeMy WebLinkAboutReso 119-1983RESOLUTION NO. 11~-83 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AUTHORIZING THE EXECUTION OF AN INDEMNIFICATION AGREEMENT WITH HOMART DEVELOP- MENT COMPANY AND A HOLD HARMLESS ACKNOWLEDGMENT WITH SWINERTON AND WALBERG COMPANY IN CONNECTION WITH SOUTH SAN FRANCISCO'S 75TH ANNIVERSARY BALL . . WHEREAS, the City of South San Francisco intends to hold ~ 75TH Anniversary Ball in Building A of the Gateway Project on September 17, 1983; and WHEREAS, the owners and contractors, having possession of said build- ing, desire to be held harmless and/or indemnified for City activities arising out of the use of said premises. NOW, THEREFORE, BE IT RESOLVED that the City Manager is hereby authorized to execute the indemnification agreement and hold harmless agreement documents referred to above. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at an Adjourned meeting held on the 24th day of August , 1983 by the following vote: AYES: NOES: ABSENT: Councilmembers Ronald G. Acosta, Mark N. Addiego, Emanuele N. Damonte, Gus Nicolopulos; and Roberta Cerri Teglia None None INDENNIFICATION AGREEMENT - This Agreement is made as of the ~'~- day of ~L~~A~ , ]983, ~by and between Homart Development C%mp~ny, a corporation ("Homart"), and the City of South San Francisco (the "City"). RECITALS A. The City has requested Homart's permission to use the Premises des- cribed in Exhibit A (the "Premises") for the evening of September ]7, 1983, for the purposes of conducting a Ball celebrating the 75th Anniversary of the City. B. Homart desires to grant permission to the City to use the Premises for such purposes, subject to the terms and conditions set forth in this Agreement. NOW, THEREFORE, the parties hereto agree as follows: 1. Grant of Permission. - Subject to all of the terms and conditions of this Agreement, and in consideration of the obligations undertaken by the City under this Agreement, Homart grants its permission to the City to use the Premises for the purpose of conducting a Ball celebrating the 75th Anniversary of the City (the "Ball") on September 17, 1983. The City shall also have access to the Premises for two (2) days prior to said date of preparation, storage of material and decoration, and for two (2) days after said date for cleaning-up and removing property from the Premises. Attendance at the Ball shall be limited to approximately five hundred (500) persons, and the activities to be conducted on the Premises in connection with the Ball shall be limited to dancing, music to be provided by one dance band, and service of beverages and food. 2. Provision of Services. Homart shall not be obligated to provide any services or incur any expense with respect to the conduct of the Ball. The City shall provide all security services, parking attendants, and traffic control personnel as may be necessary in order to conduct the Ball,.and direct the traffic of people t~ and from the Ball, in a safe and orderly manner. Promptly after the Ball, the C~ty shall remove all property (other than property of Homart), decorations, trash and debris from', and repair any damage to, the Premises, the building in which~ the Premises are located, or the parking areas or landscaping surrounding said' . building. The City shall restore~the Premises and said building to the cond~'- ticn that existed prior to the Ball and leave them broom-clean. 3. Access and Parking. All parking for persons attending the Ball shall be limited to the park- ing lot areas marked on Exhibit A. Access to such parking areas shall be directly off of Industrial Way. 4. Right to Change Location. Homart reserves the right to change the location of the Ball from the Premises to another location in the same building as the ?remises~ if Homart determines that such a change is necessary or desirable in order to satisfy ~he needs of any of Homart's tenants. 5. Insurance. The City shall, at its own expense, add, on or before August 22, 1983'~ Homart, Sears Roebuck and Company, and Coldwell Banker Real Estate Group as additional named insureds for the period of September 15, 16, 17, 18 and 19, on the City's general bodily injury liability and property damage liability insur- ance policy for specific events arising out of the City's activities during said period of access. A certificate of such insurance naming such persons as addi- tional named insureds shall be delivered to Homart o~ or prior to such date. 6. Restriction of Activities. The City acknowledges that the Premises are located in an area of coD- struction and development which gives rise to certain hazards not normal in aa urban environment. Thus, without limiting the other restrictions set forth .. this Agreement, the City Will take extra care to confine its invitees and others to the Premises and Other areas that are free of construction activity. 7. Indemnification. The City shall at all times indemnify and hold harmless Homart, Sears Roebuck and'company, Coldwell Banker Real Estate Group, and each of their offi- cers, directors, affiliates' agents, servants.and contractors (the "~ndemnitees")~ from any and all liabilities, losses, claims, demands, damages, settlements, judgments, costs and expenses of every nature (including but not limited to reasonable attorneys' fees) (collectively, the "Liabilities") resulting from or arising out of or in Eonnection with any events, activities or. occurrences relating to the Ball (including but not limited to damage to property or per- sonal or bodily injuries) during the period of September 15, 16, 17, ~8 and 29. The City shall be obligated under this indemnifiction provision whether or not an Indemnitee's conduct may have contributed to the Liiability, unless the Liability is caused solely by the gross negligence of an Indemnitee. 8. Warranty. The City warrants and represents that, when executed and delivered by · the City or on its behalf, this Agreement will have been duly authorized, executed, and delivered, and will constitute a valid and legally binding obliga- tion on the City's part, enforceable in accordance with its terms. 9. Miscellaneous. (a) Amendments. This Agreement shall not be amended except by a writing duly executed by Homart and the City. (b) Complete Agreement. This Agreement, including the E×hibits to this Agreement,' constitutes the entire contract between Homart and the City., and supersedes any and all other agreements or understandings between such parties. .~ (c) No Waiver. Any waiver by either party to this Agreement of any conditions term or provision of this Agreement shall not be construed as a waiver of any other condition, term or provision of this Agreement, nor shall such wai'ver be construed as a waiver of such condition, term or provision re- specting any future event or circumstance. (d) Governing Law. This Agreement shall be governed, and construed in accordance with, the laws of the State of California. (e) ~eadings. Section headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning and inter- pretation of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above. "HOMART" HOMART ~EVELOPMENT CO~?~,NY / Title: "the CITY" THE CITY OF SOUTH SAN FRANCISCO Title- Bye Title- -4- EXHIBIT A Description of the Premises: Building A of the Gateway Phase I is the 12 story building located at the approximate center of the Gateway Development. The address is: 601 Gateway Blvd. South San Francisco, CA 94080 Access to the building will be from Gateway Blvd. via either Oyster Point Blvd. or East Grand Avenue.