HomeMy WebLinkAboutThe Cavadias Family Trust 2003 - Police TrainingAGREEMENT AND RELEASE
BY AND BETWEEN
THE CITY OF NATIONAL CITY
And
THE 2003 CAVADIAS FAMILY TRUST
THIS AGREEMENT is entered into this 18th day of March, 2013, by and
between the CITY OF NATIONAL CITY, a municipal corporation ("CITY") and THE
2003 CAVADIAS FAMILY TRUST ("TRUST"), collectively referred to as the "PARTIES".
RECITALS
WHEREAS, the City of National City Police Department desires the
opportunity to participate in SWAT training and K-9 training ("Training Operations") in
the vacant buildings located at 1300 Wilson Avenue for the purpose of their effective
operations.
WHEREAS, the CITY has discussed with Steve Cavadias, trustee of the
TRUST, the possibility of using the vacant buildings at 1300 Wilson Avenue to perform
such training operations and training maneuvers at said location.
WHEREAS, owner Steve Cavalias is legally able and authorized to make
such offer and execute this Agreement on behalf of the TRUST, as he is the trustee of
such business and structures at said location.
NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE
AS FOLLOWS:
1. The TRUST hereby agrees to allow the National City Police
Department to use the vacant buildings at 1300 Wilson Avenue (the "FACILITIES"), free
of charge, for SWAT and K-9 training at the FACILITIES.
2. The CITY agrees to be responsible for all Training Operation efforts
and any consequential injury or damage to persons while such Training Operations
occur at the Facilities, except for negligence in the execution of paragraph three herein.
The CITY agrees to schedule this training operation with the trustee at his convenience
and to provide a posted notice on the premise as to the intentions of the CITY prior to
the Training Operations.
3. The Trust shall disclose any known dangerous or hazardous
conditions on or of the Facilities.
4. INDEMNIFICATION AND HOLD HARMLESS BY THE TRUST. The
Trust acknowledge and agrees that Training Operations are a hazardous activity and
hereby agrees to assume all risk of damage, liability, or loss to any personal or real
property and agrees to hold CITY free and harmless from any and all damage to any
personal or real property as a result of the Training Operations, whether caused by
personal or real property as a result of the Training Operations, whether caused by
neglight act or omission of CITY or otherwise. The Trust agrees to indemnify, hold
harmless and release from liability the CITY, its agents, and employees, against and
from any and all liability, loss, or damage to property, and all claims, demands, suits,
actions, proceedings, reasonable attorneys' fees, expert and defense costs, of any kind
or nature, including workers' compensation claims, of or by anyone whomsoever,
resulting from or arising out of the negligence of the Trust or its agents or resulting from
or arising out of the training operations, except for the sole negligence or willful
misconduct by the CITY and except as provided in paragraph 2.
5. SIGNATURE AUTHORITY. The undersigned represent that they
are authorized to sign this Agreement, to bind the parties herein to this Agreement.
6. MISCELLANEOUS PROVISIONS.
A. Jurisdiction. Jurisdiction over any dispute or liability claims arising
related to the canine, its handler, their agents, or the parties herein is San Diego County
Superior Court.
B. Counterparts. This Agreement may be executed in multiple
counterparts, each of which shall be deemed an original, but all of which, together, shall
constitute but one and the same instrument.
C. Captions. Any captions to, or headings of, the sections or
subsections of this Agreement are solely for the convenience of the parties hereto, are
not a part of this Agreement, and shall not be used for the interpretation or
determination of the validity of this Agreement or any provision hereof.
D. No Obligations to Third Parties. Except as otherwise expressly
provided herein, the execution and delivery of this Agreement shall not be deemed to
confer any rights upon, or obligate any of the parties hereto, to any person or entity
other than the parties hereto.
E. Amendment to this Agreement. The terms of this Agreement may
not be modified or amended except by an instrument in writing executed by each of the
parties hereto.
F. Waiver. The waiver or failure to enforce any provision of this
Agreement shall not operate as a waiver of any future breach of any such provision or
any other provision hereof.
G. Applicable Law. This Agreement shall be governed by and
construed in accordance with the laws of the State of California.
H. Entire Agreement. This Agreement supersedes any prior agree-
ments, negotiations and communications, oral or written, and contains the entire
agreement between the parties as to the subject matter hereof. No subsequent
2
agreement, representation, or promise made by either party hereto, or by or to an
employee, officer, agent or representative of any party hereto shall be of any effect
unless it is in writing and executed by the party to be bound thereby.
I. Successors and Assigns. This Agreement shall be binding upon
and shall inure to the benefit of the successors and assigns of the parties hereto.
J. Construction. The parties acknowledge and agree that (i) each
party is of equal bargaining strength, (ii) each party has actively participated in the
drafting, preparation and negotiation of this Agreement, (iii) each such party has
consulted with or has had the opportunity to consult with its own, independent counsel
and such other professional advisors as such party has deemed appropriate, relative to
any and all matters contemplated under this Agreement, (iv) each party and such
party's counsel and advisors have reviewed this Agreement, (v) each party has agreed
to enter into this Agreement following such review and the rendering of such advice,
and (vi) any rule or construction to the effect that ambiguities are to be resolved against
the drafting party shall not apply in the interpretation of this Agreement, or any portions
hereof, or any amendments hereto.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on the date and year first above written.
CITY OF NATIONAL CITY
-.- h
Leslie Deese
City Manager
THE 2003 CAVADIAS FAMILY TRUST
Date: 3/
Steve Cavadias
Trustee of THE 2003 CAVADIAS FAMILY TRUST
Date: 'J • 19 -1
APPROVE I AS TO FORM:
a G.citua Silva
Cit ttorney
3
Mayor
Ron Morrison
Council Members
Louis Natividad
Alejandra Sotelo-Solis
Mona Rios
Jerry Cano
; cosposoin,
Office of the City Attorney
TO: City Clerk
FROM: Ginny Miller, Legal Assistant
SUBJECT: Agreement and Release; Cavadias Family Trust
City Attorney
Claudia Gacitua Silva
Deputy City Attorney
Jennifer Knight
DATE: March 19, 2013
Attached please find an original, fully -executed Agreement and Release between the City of
National City and the 2003 Cavadias Family Trust, for your files. An original, fully -executed
Agreement and Release was also mailed to Steve Cavadias, trustee.
Thank you.
achm nt
1243 National City Boulevard; National City, California 91950-4301
Tel.: (619) 336.4220 Fax: (619) 336.4327
Mayor
Ron Morrison
Council Members
Louis Natividad
Alejandra Sotelo-Solis
Mona Rios
Jerry Cano
March 19, 2013
Cavadias Family Trust
Steve Cavadias, Trustee
4952 Yerba Santa Drive
San Diego, CA 92115-1038
1Tr
18 8'7'
titcofT .+
Office of the City Attorney
City Attorney
Claudia Gacitua Silva
Deputy City Attorney
Jennifer Knight
RE: Agreement and Release
Dear Mr. Cavadias:
Enclosed please find a fully -executed original Agreement and Release between the City of
National City and the 2003 Cavadias Family Trust, for your files.
Very truly yours,
zYam'/) 6)
Ginny Miller
Legal Assistant
Enclosure
/cc: City Clerk
1243 National City Boulevard; National City, California 91950-4301
Tel.: (619) 336.4220 Fax: (619) 336.4327