HomeMy WebLinkAbout2010 CON Pasha Automotive Services - Parking League of CA Cities Dinner April 15, 2010NOTE TO FILE
04-20-10
IN THE MATTER OF: Agreement between the City of
National City and Pasha Automotive Services for Entry and
Indemnification in Conjunction with Parking for the League of
California Cities Quarterly Dinner on April 15, 2010. Please
note the following:
A FULLY EXECUTED ORIGINAL AGREEMENT WAS NEVER
FILED WITH THE OFFICE OF THE CITY CLERK
ORIGINATING DEPARTMENT: _ CDC _ Housing & Grants
_ City Attorney _ Human Resources
City Manager X Mayor
_ Community Svcs. Planning
Engineering _ Police
_ Finance _ Public Works
Fire
NTF
04/13/2010 TUE 12:05 FAX 619 477 3948 Pasha Automotive Svcs.
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Pasha Automotive Services
AGREEMENT FOR ENTRY AND INDEMNIFICTION
This Agreement for Entry and Indemnity ("Agreement") is entered into as of
April 08, 2010 by Pasha Automotive Services ("Pasha"), a California corporation, and
the City of National City, California ("City").
In consideration for Pasha permitting City and its invitees to enter and park
vehicles at its facility located at Lot K, 1309 Bay Marina Drive, National City, CA 91950
(the "Premises"), City agrees to the following terms:
1. This Agreement is limited to the event on April 15, 2010 being held by
City in conjunction with the League of California Cities Quarterly Dinner.
2. City and its invitees shall abide by all the written rules for the Premises
delivered to City upon signing of this Agreement.
3. Neither City nor its invitees shall interfere with operations of Pasha at the
Premises and will comply with all requests of Pasha, including the request to depart the
Premises immediately.
4. City agrees to hold harmless, defend and indemnify Pasha, its directors,
officers and employees ("Indemnitees") from and against any and all claims, liability,
costs and expenses (including reasonable attorneys' fees) for personal injury (including
death), personal property damage (including property of Pasha), and environmental
damage which occur due to City's or its invitees' use of the Premises, howsoever caused,
except where arising out of the negligence or willful misconduct of one or more of the
Indemnitees.
Pasha agrees to hold harmless, defend, and indemnify City, its officials,
agents and employees ("City Indemnitees") from and against any and all claims, liability,
costs and expenses (including reasonable attorneys' fees) for personal injury (including
death), personal property damage (including property of City), and environmental
damage which occur during City's or its invitees' use of the Premises, except where
arising out of the negligence or willful misconduct of one or more of the City
Indemnitees.
5. City shall maintain in force during the term of this Entry Agreement the
following insurance:
Commercial liability insurance for third party personal injury and property
damage with a limit of at least $1.0 million per occurrence.
Created by Pasha Legal Dept. 1
Revised GM: 10/27/09
04/13/2010 TUE 12:06 FAX 619 477 3948 Pasha Automotive Svcs.
0002/002
All deductibles under the foregoing policy shall be paid by City. The foregoing policies
shall be primary and non-contributory over any insurance maintained by Pasha and shall
name Pasha as an additional insured with waiver of subrogation, and shall include the
following endorsement:
"This insurance is primary over any insurance maintained by Pasha Automotive
Services. The following are named as additional insureds with waiver of
subrogation on all above insurance: Pasha Automotive Services; all companies
subsidiary to and affiliated with Pasha Automotive Services; and all directors,
officers and employees of such companies."
Prior to entering the Premises, City shall supply Pasha with an insurance certificate in
form acceptable to Pasha evidencing the foregoing insurance coverage. Should City
enter the Premises prior to delivering such insurance certificate to Pasha, such entry shall
not constitute a waiver by Pasha of the required insurance coverage. Should City fail to
procure and maintain any of the foregoing insurances during the term of this Agreement,
naming Pasha and waiving subrogation as set forth above, City shall indemnify Pasha for
any and all losses and/or damages suffered by Pasha as a result of such failure.
City may satisfy the requirements of this Section 5 by maintaining its lawful self -insured
status during the term of this Agreement.
6. The term of this Agreement shall commence at 3:00 p.m. on April 15,
2010 and shall terminate at 10:00 p.m. on April 15, 2010.
7. Each person signing this Entry Agreement represents that he/she has full
authority to accept the terms of this Entry Agreement on behalf of the City.
Signature of City Representative:
Printed Name of City Representative:
Signature of Pasha Representative:
Printed Name of Pasha Representative:
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Created by Pasha Legal Dept. 2
Revised GM: 10/27/09