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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