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HomeMy WebLinkAboutCC RESO 15,505RESOLUTION NO. 15,505 RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND SWEETWATER UNION HIGH SCHOOL DISTRICT FOR A FACILITIES USE CROSS INDEMNIFICATION BE IT RESOLVED by the City Council of the City of National City that the Mayor of the City of National City is hereby authorized to execute an agreement between the City of National City and Sweetwater Union High School District for a facilities use cross indemnification agreement. PASSED and ADOPTED this 19th day of January, 1988. GEORGE K. WATERS, MAYOR ATTEST: ION CAMPBELL, TY CLERK APPROVED AS J GEORGE H. EISER, III -CITY ATTORNEY SWEETWATER UNION HIGH SCHOOL DISTRICT FACILITIES USE CROSS INDEMNIFICATION AGREEMENT 1. This agreement is entered into this 1i tit. day of 1/V/LAR/ , 19 SLS,/, by and between the Sweetwater Union High School District and the City of National City. The term of this agreement shall be from January 1, 1988 through June 30, 1988. 2. In consideration for the use of Sweetwater Union High School District facilities indemnify, agents, and grounds, the City of National City agrees to defend, protect and hold Sweetwater Union High School District and its officers representatives and employees harmless from and against any and all claims asserted or liability established for damages or injuries to any person or property, including injury to the City of National City employees, agents representatives or officers which arise from or are connected with or are caused or claimed to be caused by the acts or omissions of the City of National City and its agents, officers, representatives or employees, in connection with the use of the premises, appurtenants and equipment herein, and all expenses of investigating and defending against same; provided, however, that the City of National City's duty to indemnify and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the Sweetwater Union High School District, its agents, officers, representatives or employees. 3. Sweetwater Union High School District agrees to defend, indemnify protect and hold the City of National City and its agents, officers, representatives and employees harmless from and against any and all claims asserted or liability established for damages or injuries to any person or property, including injury to Sweetwater Union High School district's employees, agents, representatives of officers which arise from or are connected with or are caused or claimed to be caused by the acts or omissions of Sweetwater Union High School District, and its agents, officers, representatives or employees, in connection with the use of premises, appurtenants and equipment herein, and all expenses of investigating and defending against same; provided, however, that Sweetwater Union High School District's duty to indemnify and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the City of National City, its agents, officers, representatives or employees. 4. A. The City of National City shall maintain throughout the term of this agreement, a comprehensive general liability insurance policy, with minimum limits of $1,000,000.00 combined single limit, including bodily injury, personal injury, and property damage. B. Sweetwater Union High School District will be named as an additional insured on the policy for activities sponsored by the City of National City Park and Recreation Department using Sweetwater Union High School District's facilities. A certificate of insurance will be filed with the Sweetwater Union High School District. C. Such insurance coverage shall be primary coverage as respects the Sweetwater Union School District and any insurance or self-insurance maintained by the Sweetwater Union School District shall be excess of City of National City's insurance coverage and shall not contribute to it. SWEETWATER UNION HIGH SCHOOL DISTRICT By ��'%, — Date n B. Rayburn, Administrator of Business CITY OF NATIONAL CITY: By George H. Waters, Mayor ATTEST: By Ione/Campbell, City Clerk Date // i s/ 5r ?