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HomeMy WebLinkAbout2012 CON Mikey's Feed the People - Release & Waiver of LiabilityFACILITIES USE WAIVER RELEASE AND WAIVER OF LIABLITY AND INDEMNITY AGREEMENT IN CONSIDERATION OF BEING PERMITTED TO ENTER TIIE PLAYIIOUSE ON PLAZA PARKING LOT LOCATED AT 500 EAST PLAZA BOULEVARD IN THE CITY OF NATIONAL ON APRIL 18, 2012 FOR ANY PURPOSE INCLUDING, BUT NOT LIMITED TO HOSTING A FOOD GIVEAWAY/DISTRIBUTION, USE OF THE FACILITIES OR EQUIPMENT, OR PARTICIPATION IN ANY WAY, C ' ' ("THE' 1 UNDERSIGNED") HEREBY AGREES TO THE FOLLOWING: i �' S Ccd -1kE ample. 1. THE UNDERSIGNED HEREBY RELEASES, WAIVES, ✓DISCHARGES AND COVENANTS NOT TO SUE the City of National City, its officers, employees, agents, and volunteers (the "City"), the Community Development Commission of the City of National City, its officers, employees, agents, and volunteers (the "CDC"), and the Successor Agency to the Community Development Commission As the National City Redevelopment Agency, its officers, employees, agents, and volunteers (the "Successor Agency") (hereinafter the City, CDC, and Successor Agency are all collectively referred to as "releasees") from all liability to the undersigned, their personal representatives, assigns, heirs, and next of kin for any loss or damage, and any claim or demands therefore on account of injury to the person or property or resulting in death of the undersigned, whether caused by the negligence of the releasees or otherwise while the undersigned is in, upon, or about the premises or any facilities or equipment therein. 2. THE UNDERSIGNED IIEREBY AGREES TO INDEMNIFY AND SAVE AND HOLD HARMLESS the releasees and each of them from any loss, liability, claim, damage, cost, or expense which the releasees may incur due to the undersigned's presence in, upon, or about the Playhouse on Plaza Parking Lot premises or the undersigned's use of any facilities or equipment on the Playhouse on Plaza Parking Lot or the undersigned's activities in or upon the Playhouse on Plaza Parking Lot premises, whether caused by the negligence of the releasees or otherwise. 3. THE UNDERSIGNED HEREBY ASSUMES FULL RESPONSIBILITY FOR AND RISK OF BODILY INJURY, DEATII OR PROPERTY DAMAGE due to the negligence of releasees or otherwise while in, about or upon the premises of the Playhouse on Plaza Parking Lot and/or while using the premises or any facilities or equipment thereon. Physical activity, by its very nature, carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. I know, understand, and appreciate these and other risks that are inherent in the activities made possible by the Playhouse on Plaza Parking Lot, and hereby assert that my participation is voluntary and that I knowingly assume all such risks. THE UNDERSIGNED further expressly agrees that the foregoing RELEASE, WAIVER AND INDEMNITY AGREEMENT is intended to be as broad and inclusive as is permitted by the law of the State of California and that if any portion thereof is held invalid, it is agreed that the balance shall, nothwithstanding, continue in full legal force and effect. THE UNDERSIGNED HAD READ AND VOLUNTARILY SIGNS THE RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT, and further agrees that no oral representations, statements or inducement apart from tlke foregoingwritten agreement have been made. S ead- a (e I HAVE READ THIS RELEASE. CENTRAL LLEMLNTARY'SCII L Date Signature: AtaleLlY� Print Name & Title: ar f ine `Pt�1(4Erirldh INCORPORATED OFFICE OF THE CITY CLERK 1243 National City Blvd. National City, California 91950 Michael R. Dalla, CMC - City Clerk 619-336-4228 phone / 619-336-4229 fax Mikey's Feed The People Release and Waiver of Liability and Indemnity Agreement Food Distribution at Parking Lot of Playhouse on Plaza Giny Miller (City Attorney) Forwarded Copy of Agreement to Mikey's Feed The People CITY OF NATIONAL CITY OFFICE OF THE CITY ATTORNEY 1243 National City Boulevard, National City, CA 91950-4301 Claudia Gacitua Silva • City Attorney Phone: (619) 336-4220 Fax: (619) 336-4327 TDD: (619) 336-1615 E-mail: Attorney@ci.national-city.ca.us TO: City Clerk FROM: Executive Assistant to the City Attorney SUBJECT: Facilities Use Waiver DATE: May 2, 2012 Attached is an original of a Facilities Use Waiver/Release and Waiver of Liability and Indemnity Agreement for use of the Playhouse on Plaza parking lot by Mikey's Feed the People on April 18, 2012, for you files. Thank you.