HomeMy WebLinkAboutCC RESO 2005 - 168RESOLUTION NO. 2005 — 168
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO EXECUTE A
DONATION ACCEPTANCE AGREEMENT FOR A DONATED
12-MONTH LEASE OF A 2005 VOLKSWAGEN BEETLE
FROM SOUTH BAY VOLKSWAGEN FOR USE
BY THE NATIONAL CITY PUBLIC LIBRARY
WHEREAS, Rudy Erm, owner of South Bay Volkswagen has offered to
donate a 12-month lease of a 2005 Volkswagen Beetle, with an option to renew, for
exclusive use by the National City Public Library for official library business and special
events; and
WHEREAS, the National City Public Library will pay 50% of the total
estimated cost of $3,000 for the special artwork on the vehicle, which will promote the
National City Public Library and South Bay Volkswagen; and
WHEREAS, the City will be responsible for the maintenance of and the
insurance for the vehicle, as well as holding South Bay Volkswagen harmless for any and
all accidents involving the vehicle and its operators.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby authorizes the Mayor to execute a Donation Acceptance Agreement
for a donated 12-month lease of a 2005 Volkswagen Beetle from South Bay Volkswagen
for use by the National City Public Library for official use and special events, agrees to
hold South Bay Volkswagen harmless from liability arising from the Library's use of the
vehicle, and directs the City Librarian to execute all other necessary documents
pertaining to the acceptance of said vehicle. Said Agreement is on file in the office of
the City Clerk.
PASSED and ADOPTED this 2"d day of August, 2005.
ATTEST:
A
Mic . el Della, ? ity Clerk
APPROVED AS TO FORM:
George H.'iser, Ill G.nc
City Attorney
Passed and adopted by the Council of the City of National City, California, on August 2,
2005, by the following vote, to -wit:
Ayes: Councilmembers Morrison, Natividad, Parra, Zarate.
Nays: None.
Absent: Inzunza
Abstain: None.
AUTHENTICATED BY:
NICK INZUNZA
City Cterk of the City of
ational City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2005-168 of the City of National City, California, passed and
adopted by the Council of said City on August 2, 2005.
City Clerk of the City of National City, California
By:
Deputy
AGREEMENT FOR THE
UNCONDITIONAL DONATION OF PERSONAL PROPERTY
TO THE CITY OF NATIONAL CITY
Rudy Erm, owner of South Bay Volkswagen (hereinafter referred to as "the Donor") hereby
makes an unconditional donation of a 12-month lease of a 2005 Volkswagen Beetle (hereinafter
referred to as "the Property") to the City of National City. The Donor understands and
acknowledges that pursuant to Sections 37354 and 37355 of the California Government Code,
the City is authorized to accept said Property for any public purpose that the City desires.
The City of National City hereby agrees to indemnify and defend the Donor and its officers,
employees and volunteers, against and from any and all liability, loss, damages to property,
claims, demands, suits, actions, proceedings, costs or attorney's fees, of any kind or nature,
resulting from or arising out of the donation and City's use of the Property. The City shall
furnish commercial general liability and automobile liability insurance in the amount of $1
Million, and shall name the Donor and its officers, employees and volunteers as additional
insureds. The City may satisfy the insurance requirements by furnishing proof of its lawful self -
insured status.
The individual executing this document on behalf of the Donor represents that he/she has the
legal power, right and authority to bind the Donor; that all requisite action (corporate, trust,
partnership or otherwise) has been taken by the Donor in connection with authorizing the
execution of this document; that this document shall be legally enforceable as to the Donor; and
that the execution of this document does not conflict with or result in the breach of any contract,
bond, note or other agreement or instrument to which the Donor is a party.
Dated:
Dated:
oZ\2'1\°5
August 2, 2005
SOUTH BAY VOLKSWAGEN
By:
CITY OF NATIONAL CITY
By: