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PERMISSION AND HOLD HARMLESS AGREEMENT
FOR USE OF CITY OF ARCADIA PROPERTY
This Agreement ( "Agreement ") is made aria entered into this \-\ day of
_ - �r01C, 2011 by and between the City of Arcadia, a charter city organized
under the Constitution and laws of the State of California with its principal place of
business at 240 West Huntington Drive, Arcadia, California 91007 ( "City ") and The
Crane Guys with its principal place of business at 12731 Los Nietos Road, Santa Fe
Springs, California 90670 ( "User "). City and User are sometimes individually referred to
as "Party" and collectively as "Parties."'
RECITALS
1. The City of Arcadia hereby grants permission to The Crane Guys to use City
owned property located at 710 S. Santa Anita Avenue, Arcadia, California for the
purpose of transferring batteries by crane to property located at 15 Alice Street which is
located adjacent to the Arcadia Fire Department Headquarters ( "Property ").
2_ That permission is hereby granted to User for use of the Property for purposes of
transferring batteries by crane to property located at 15 Alice Street from Property on
October 7, 2011 from 8:00 a.m. to 2'00 p.m. and on other days granted by the City
through December 31, 2011 upon forty; -eight (48) hours advance notice in writing.
3. User hereby agrees to indemnify, defend and hold harmless, at User's cost, the
City of Arcadia, its directors, officials, officers, employees, agents, contractors,
successors, affiliates and assigns (collectively, "Indemnitees ") from and against all loss
of any kind or character for sickness or injury to or death of any person (including
without limitations penalties or other charges or costs imposed by any federal, state or
local authority), attorney fees, injuries: or, damage, and any claims, suits, demands,
causes of action, or actions for loss or damage which any other person or entity may
hereafter have or claim to have against Indemnitees because of injury, loss or damage
to such person or entity or to their employees, agents or property (including any natural
resource), resulting or arising from use,' of City of Arcadia Property.
4. Applicant shall use the Property for the use specified above and during the dates
and times specified above_
5. User shall not cause or permit any of its agents, employees, or invitees to injure,
nor in any manner deface or damage the Property. User shall not make any alterations
or improvements, or allow any to be made, without the prior written consent of the City,
which consent may be withheld in the City's sole discretion.
B. If the Property, or any portion of said Property, is damaged as a result of the act
or omission of User, its agents, employees, or invitees, Applicant shall pay to the City,
upon demand, the amount requested by the City necessary to restore the Property to its
prior condition_ j
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7. City assumes no responsibility; for User's personal property. In the City's sole
discretion, User may be required to Carry and maintain comprehensive public liability
insurance, naming the City its directors, officials, officers, employees, agents and
volunteers as additional insureds, with combined single limits acceptable to the City. If
insurance is required, Applicant shall provide City with certificates evidencing insurance.
8. City shall not be liable for any damage to persons or property resulting from any
act or negligence of any person other;than itself, its agents and employees. User shall
hold harmless and indemnify the City against all claims, loss, damage, liability and
expense, including attorney fees, for injury or damage of every nature arising or
resulting from User's use of the Property, or any occurrence on or about the Property,
including without limitation, any act, omission, or negligence of User, or any agent,
employee, or invitee of User in, on or about the Property.
9. Applicant shall comply with all public safety requirements regarding access to
and from the Property and pedestrian and vehicular traffic in and around the Property.
Applicant shall not block or allow to be blocked any streets abutting the Property without
the permission from the City.
10. User shall maintain and operate the Property in a safe and sanitary condition.
User is responsible for restoring the Property to its condition prior to User's use.
In witness whereof the Parties have executed this Agreement on the date set
forth above.
CITY OF ARCADIA
By:
...._...._..
Donald Penman
City Manager
Dated: 101-5 12011
ATTEST:
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CONCUR:
Tony Tr bbie, Fire Chief
Dated: A7'hY� �. 2011
THE CRANE GUYS
By
Signature of Auth Agent
Lis s 1 C)"',
[Print Name and Titlej
Dated: L4 (N),C}��r 2011
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