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HomeMy WebLinkAboutReso - CC - 045-1990RESOLUTION NO. 45-90 AUTHORIZING EXECUTION OF INDEMNITY AND HOLD HARMLESS AGREEMENT, AND RELEASE, IN FAVOR OF CITY OF SAN MATEO RESOLVED, that the City Council of the City of Burlingame, does hereby authorize its City Manager to execute in favor of and deliver to the City of San Mateo the "Indemnity and Hold Harmless Agreement, and Release, in Favor of the City of San Mateo, a copy of which is attached hereto as Exhibit "A" and made a part hereof. VICE MAYOR I, JUDITH A. MALFATTI, City Clerk of the City of Burlingame, do hereby certify that the foregoing resolution was introduced at a regular meeting of the City Council held on the 2nd day of April ,1990,, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: BARTON, HARRISON, O'MAHONY, PAGLIARO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: LIMBI CITY CLERK EXHIBIT "A" INDEMNITY AND HOLD HARMLESS AGREEMENT AND RELEASE BY CITY OF BURLINGAME IN FAVOR OF CITY OF SAN MATEO In consideration of the City of San Mateo's making the San Mateo Police Department's gunnery range available for use by the City of Burlingame, the City of San Mateo (hereinafter referred to as "San Mateo") and the City of Burlingame, (hereinafter referred to as "Contracting Agency"), agrees to indemnify, defend, and hold harmless San Mateo, its officers and employees, from and against any and all claims, loss, liability, and damages resulting from injury to or death of persons, including to employees of Contracting Agency or from damage to property, including that of San Mateo, arising out of or in any way connected with Contracting Agency's use of the San Mateo Police Department Gunnery Range, however caused, regardless of negligence of San Mateo, whether active or passive, except for injury or_damage caused by the sole negligence or willful misconduct of San Mateo. This agreement shall remain in full force and effect unless written notice is given to the City of San Mateo Chief of Police, at least 30 days before the Effective date of such termination. DATED: April 2, 1990 CITY OF BURLINGAME Contracting Agen By Authorizing Age