HomeMy WebLinkAboutResolutions - No. 87-77RESOLUTION NO. 87-77
RESOLUTION APPROVING AGREEMENT TO FACILITATE LOANING AND/OR BORROWING
EQUIPMENT AND MATERIALS BETWEEN THE CITY OF LODI AND THE LODI GRAPE FESTIVAL
AND NATIONAL WINE SHOW
RESOLVED, that the City Council of the City of Lodi does hereby approve
agreement to facilitate loaning and/or borrowing equipment and materials
between the City of Lodi and Lodi Grape Festival and National Wine Show.
BE IT FURTHER RESOLVED that the City Council of the City of Lodi does hereby
authorize the City Manager and City Clerk to execute the agreement on behalf of
the City.
Dated: July 1, 1987
I hereby certify that Resolution No. 87-77 was passed and adopted
by the City Council of the City of Lodi in a regular meeting
held July 1, 1987 by the following vote:
Ayes: Council Members - Hinchman, Pinkerton, Reid, Snider
and Olson (Mayor)
Noes: Council Members - None
Absent: Council Members - None
Alice M. Reimche
City Clerk
87-77
CITY :.CUNGL THOMAS A. PETERSON
City Manager
EVELYN M. OLSOv. Mavcr
CITY O F LODI
JOHN R. (Randy) SNIDER ALICE M. REIMCHE
Mayor Pro Tem ore 2 City Clerk
P CITY HALL, Z_1 WEST PINE STREET
DAVID .". HINCHMAN CALL BOX 3006 RONALD M. STEIN
IA.MES W. PINKERTON, Jr. LODI, CALIFORNIA 95241-1910 City Attorney
FRED M. REID (209) 334-5634
TELECOPIER :(209) 333-6795
AGREEMENT TO FACILITATE LOANING AND/OR BORROWING EQUIPMENT AND MATERIALS
BETWEEN CITY OF LODI AND LODI GRAPE FESTIVAL AND NATIONAL WINE SHOW
Lodi Grape Festival and National Wine Show, Inc.
P. 0. Box 848
Lodi, California 95241
THIS LETTER AGREEMENT, is made and entered into this day of
19 , by and between the City of Lodi, a municipal
corporation of the State of California, hereinafter called "City", and
Lodi Grape Festival and National Wine Show, Inc., a corporation duly
organized and existing under and by virtue of the laws of the State of
California and having its principal place of business in the County of San
Joaquin, State of California, hereinafter called "Festival"; said
agreement being entered into to facilitate the ongoing practice of loaning
and/or borrowing between City and/or Festival of equipment and materials.
Over the past 15 years, the City and Festival have been loaning and/or
borrowing equipment and materials by and between the parties hereto.
There has been no formal agreement covering said practice, and the parties
mutually agree that a written agreement should be entered into for said
loaning/borrowing; and the parties hereto do hereby agree to continue said
practice.
In the loaning/borrowing of any equipment which is motorized equipment,
tr= lending party, if they choose to lend the equipment,- shall provide
t� labor to operate the motorized equipment. Said lending party shall be
reimbursed for the costs of the laborer or other person required to
operate the equipment. Said laborer of the lending party shall be
considered the employee of the lending party for all purposes, including
but not limited to Workers' Compensation. Said lending party shall be
responsible for the motorized equipment and the labor to operate the
motorized equipment, and shall hold the party to whom the motorized
equipment was loaned, harmless and defend said party and its agents,
officers and employees from and against any and all claims, actions,
liabilities, loss, damage or injury, including any of the foregoing by way
of indemnification or contribution and arising directly or indirectly out
of the first party's activity, performance, operation, acts, or omissions
relating to the first party's duties, responsibilities and rights under
the terms and conditions of this agreement, whether or not such claims,
actions, loss, damage or injuries result directly or indirectly from the
sole, contributory, comparative, active, passive, primary or secondary
negligence of the first party.
Page Two
Letter Agreement
City of Lodi and Lodi Grape Festival
and National Wine Show, Inc.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and
entered into this agreement in duplicate the day and year hereinabove
first written.
CITY OF LODI, a nnniicipal
corporation
BY
THOMAS A. PETERSON
CITY MANAGER
ATTEST:
ALICE M. REIMCHE
CITY CLERK
LODI GRAPE FESTIVAL AND NATIONAL
WINE SHOW, INC.
APPROVED AS TO FORM:
By
PRESIDENT
RONALD M. STEIN
CITY ATTORNEY
BY
SECRETARY
agrgrape/txta.01y