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HomeMy WebLinkAbout7484_CCv0001.pdf RESOLUTION NO. 7484 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS APPROVING A FORM OF PROPERTY MANAGEMENT AND RESTORATION AGREEMENT WITH THE REDLANDS CONSERVANCY AND AUTHORIZING THE CITY MANAGER TO SUBSEQUENTLY APPROVE AND EXECUTE SIMILAR FUTURE AGREEMENTS WHEREAS, Section 2.15.030 of the Redlands Municipal Code provides that the City Manager, for the purpose of facilitating the daily operations of the City, is authorized to execute and enter into waivers of liability and "hold harmless" agreements without the prior approval of the City Council; and WHEREAS, the Redlands Conservancy has submitted to the City a proposed property restoration and management agreement; and WHEREAS, unless otherwise expressly provided for, only City Council members may approve and execute agreements such as the property management and restoration agreement; and WHEREAS, it is anticipated that the City Council will receive similar subsequent forms of property management and restoration agreements the City Council desires to increase efficiency and to expedite the process of approval and execution of agreements; and WHEREAS, Section 2.15.010 of the Redlands Municipal Code provides that the City Council may, from time to time, by resolution or minute action, authorize the City Manager to execute contracts and other written instruments and authorizations on behalf of the City; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Redlands as follows: Section 1. The property management and restoration agreement dated February 3, 2015 with the Redlands Conservancy, attached hereto as Exhibit "A," is hereby approved. Section 2. The City Council of the City of Redlands hereby authorizes the City Manager to approve and execute future property management and restoration agreements with the Redlands Conservancy substantially in the form as attached hereto as Exhibit "A." ADOPTED, SIGNED AND APPROVED THIS 3`d DAY OF FEBRUARY, 2015. Paul W. Foster, Mayor ATTEST: Sam Irwin ty tlerk 1 1:\cc1erk`,Reso1utions\Res 7400-7499`,7484 Approving a Form of Property Management Agreements.doc I, Sam Irwin, City Clerk, City of Redlands, hereby certify that the foregoing resolution was duly adopted by the City Council at a regular meeting thereof held on the 3rd day of February, 2015, by the following vote: AYES: Councilmembers Harrison, Gilbreath, Barich, James; Mayor Foster NOES: None ABSENT: None ABSTAIN: None Sam Irwin, City de 1:\cc1erk\Reso1utionsRes 7400-7499\7484 Approving a Foran of Property Management Agreements.doc EXHIBIT "A" HOLD HARMLESS AGREEMENTS 1Acclerk\Resoludons\Res 7400-7499\7484 Approving a Form of Property Management Agreements.doc dans Conservancy PO Bax 855,Redlands,CA 92373;(909)369.7810 www.radiandsconservanc .or ;www.facebook.cornfrediands.conservancy 2014: WE V0iCefVrftdTan&'Medtage,since 1994 Wvs na coHsRvOICY RELEASE AND HOLD HARMLESS AGREEMENT FOR THE REDLANDS CONSERVANCY AND THE CITY OF REDLANDS For Research Work The Regents of the University of California fully understand that the participation of its officers,employees,or agents in Work on any site owned by the City of Redlands and managed by the Redlands Conservancy exposes such officers, employees, or agents to the risk of personal injury,death or property damage. The Regents of the University hereby acknowledge that any participation in events on such sites by its officers,employees, or agents is voluntary,and expressly agrees to assume any such risks. Further,the Regents of the University of California hereby release and forever discharge the City of Redlands(Landowner), all officials,agents,and employees,and the Redlands Conservancy(easement holder/property manager/trail manager),all directors,officers,employees,agents and volunteers from any and all liability for any injury or death to its officers, employees,or agents,or damage to or loss of personal property arising out of or in connection with their participation in these events from whatever cause,including the active or passive negligence of the City of Redlands,the Redlands Conservancy,or the participants in this project. In further consideration for being allowed to conduct the Work on City properties,the Regents of the University of California hereby agree to indemnify and hold harmless the Redlands Conservancy and the City of Redlands,their employees,agents and volunteers from any and all claims,including claims for Worker's Compensation benefits,damages,demands, actions or suits arising out of or in connection with my participation in these events brought by any third party,but only in proportion to and to the extent that such claims arise from the negligent or intentional acts of the Regents of the University,its officers, employees,or agents. THE REGENTS OF THE UNIVERSITY OF CALIFORNIA HAS CAREFULLY REVIEWED THIS RELEASE ANIS HOLD HARMLESS AGREEMENT AND FULLY UNDERSTANDS ITS CONTENTS. THE REGENTS OF THE UNIVERSITY OF CALIFORNIA 1S AWARE THAT IT IS A FULL RELEASE OF ALL LIABILITY AND ITS AUTHORIZED REPRESENTATIVE SIGNS IT OF THEIR OWN FREE WILL. Dame of Research Party(print):THE REGENTS OF THE UNIVERSITY OF CALIFORNIA Research Party's Authorized Representative(signature): Date: Address of Research Party: Contact information of Research Party: