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Home My WebLink About2005 CON South Bay Volkswagen - Leased VW for LibraryAGREEMENT 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: 01.1, b5 Dated: August 2, 2005 SOUTH BAY VOLKSWAGEN By: Rudy tkks Owner CITY OF NATIONAL CITY By: Nick Inzunza, City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE August 2, 2005 28 AGENDA ITEM NO. ITEM TITLE RESOLUTION AUTHORIZING ACCEPTANCE OF A DONATED LEASED VOLKSWAGEN BEETLE FROM SOUTH BAY VOLKSWAGEN FOR USE BY THE NATIONAL CITY PUBLIC LIBRARY. PREPARED BY Anne Campbell DEPARTMENT Library EXT. 4364 EXPLANATION The National City Public Library, in working with various Mile of Cars dealerships on the Library Capital Campaign, was offered a donated lease on a 2005 VW Beetle by Rudy Erm of South Bay Volkswagen. South Bay Volkswagen has a similar program with the Chula Vista Public Library, currently in its third year. The VW Beetle will have special artwork, promoting National City Public Library and South Bay Volkswagen. The vehicle will be used by library staff to visit schools, participate in community programs and be a visible symbol of the Library in the community. In addition, Mr. Erm and South Bay Volkswagen will participate in special reading programs, aimed at encouraging reading and learning for National City youth. Environmental Review N/A Financial Statement i MIS Approval Approved By: The City of National City will be responsible for vehicle maintenance and insurance. Finance Director The Library will be responsible for one half of the artwork cost (estimated at $3,000). Account No.1 08-431 -000- 99 STAFF RECOMMENDATION Approve the Resolution. BOARD / COMMISSION RECOMMENDATION C 200S -SG ATTACHMENTS Resolution Proposal ( Listed Below ) Resolution No. A-200 (Rev. 7/03) RESOLUTION 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 2nd day of August, 2005. ATTEST: Mic - el Della, ? ity Clerk APPROVED AS TO FORM: iaG..tilr George H.4 . iser, III City Attorney //,0; Nick Inzunza, ayor 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: lnzunza Abstain: None. AUTHENTICATED BY: NICK INZUNZA City C erk of the City of Iational 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: SOUTH BAY VOLKSWAGEN By: Rudy Erm, Owner CITY OF NATIONAL CITY By: Nick Inzunza, Mayor