HomeMy WebLinkAboutAgr 1998-07-06 (City of Belvedere)r
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AGREEMENT FOR STREET SWEEPING AND INDEMNIFICATION
THIS AGREEMENT is made as of July 6, 1998, by and between the
TOWN OF TIBURON ("Tiburon"), a California municipal corporation, and the
CITY OF BELVEDERE ("Belvedere"), a California municipal corporation, in
reference to the following facts:
A. Tiburon has arranged for street sweeping services for its streets to be
provided by the Mill Valley Refuse Company, however, Mill Valley Refuse
Company is unable to provide street sweeping for Eastview Avenue and for the
portion of Tamalpais Avenue immediately intersecting Eastview Avenue on
Corinthian Island in Tiburon, because the roadway is too narrow for its
sweeper.
B. Belvedere is able and willing to use its Public Works employees to
perform street sweeping services in Tiburon on Eastview Avenue and on the
portion of Tamalpais Avenue immediately intersecting Eastview Avenue, at
Belvedere's cost. In exchange, Tiburon is willing to provide for Mill Valley
Refuse Company to sweep certain streets in Belvedere at Tiburon's cost.
C. As further consideration for Belvedere's agreement to perform street
sweeping in Tiburon, Belvedere desires that Tiburon indemnify it for claims
and damages arising from its street sweeping activities in Tiburon, and Tiburon
is willing to do so, as set forth in this agreement.
NOW, THEREFORE, the parties hereto agree as follows:
1. Upon execution of this agreement, Belvedere shall commence to perform
street sweeping services, at Belvedere's sole cost, on both sides of Eastview
Avenue and on both sides of the portion of Tamalpais Avenue immediately
intersecting Eastview Avenue. Sweeping shall be performed at Belvedere's
discretion, but no less frequently than one time per calendar month, weather
permitting.
2. Upon execution of this agreement, Tiburon shall, at its sole cost, arrange
for Mill Valley Refuse Company to sweep certain streets in Belvedere as shall
from time to time be determined by agreement of both parties.
3. Tiburon shall indemnify, defend, and hold harmless Belvedere and its
officers, employees, and agents, from any and all suits, actions, claims, and/or
judgments for, or on account of, any injuries or damage to any person(s) or to
any real or personal property, resulting from, related to, or in any way arising
out of Belvedere's street sweeping activities in Tiburon on Eastview Avenue and
on the portion of Tamalpais Avenue immediately intersecting Eastview Avenue;
Street Sweeping 8s Indemnification Agreement
July 6, 1998
Page 2
and from any attorney's fees incurred by Belvedere in connection with any
such suits, actions, claims, and/or judgments.
4. Belvedere shall indemnify, defend, and hold harmless Tiburon and its
officers, employees, and agents, from any and all suits, actions, claims, and/or
judgments for, or on account of, any injuries or damage to any person(s) or to
any real or personal property, resulting from, related to, or in any way arising
out of Tiburon's street sweeping activities in Belvedere pursuant to Section 2 of
this agreement..
5. Either party hereto may terminate this agreement on thirty (30) days
written notice to the other party. Notice shall be provided by personal delivery
or sent by United States Mail, postage prepaid and addressed to the party
intended to be notified. Notice shall be deemed given as of the date of delivery
in person or as of the date deposited in any post office or any post office box
regularly maintained by the United States government. Notice shall be given as
follows:
Tiburon: Clerk, Town of Tiburon
Tiburon Town Hall
1505 Tiburon Blvd.
Tiburon, CA 94920
Belvedere: Clerk, City of Belvedere
Belvedere City Hall
450 San Rafael Avenue
Belvedere, CA 94920
IN WITNESS WHEREOF, Tiburon and Belvedere have executed this
Indemnification Agreement as of the day and year first set forth above.
TOWN OFi,TIBU
By:
Robert L. Kleinert
T° pp &1E TO FORM
DANFORTH
TOWN ATTORNEY
TOWN OF TIBURON
CITY OF BELVEDERE
By: •
Edmund H. San Diego
City Manager