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HomeMy WebLinkAbout5189_CCv0001.pdf RESOLUTION NO. 5189 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS GRANTING TO A & B TOWING, INC., A FRANCHISE TO OPERATE AUTHORIZED TOW TRUCKS OVER, ALONG AND UPON THE STREETS OF THE CITY OF REDLANDS AND TO OPERATE AN AUTHORIZED STORAGE GARAGE FOR IMPOUNDED OR STORED VEHICLES IN THE CITY OF REDLANDS. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF REDLANDS as follows: SECTION ONE: Pursuant to the provisions of Chapter 5.80 of the Redlands Municipal Code, the City Council hereby grants to: A & B TOWING, INC. 945 WEST BROCKTON AVENUE REDLANDS, CALIFORNIA a franchise to operate authorized tow trucks over, along and upon the streets of the City of Redlands and to operate an authorized storage garage located at 945 West Brockton Avenue, Redlands, California, for impounded or stored vehicles in the City of Redlands. SECTION TWO: The term of this franchise shall be for a period of ten (10) years commencing on May 17, 1995, and terminating on May 16, 2005, unless sooner terminated, as provided under the provisions of Chapter 5.80 of the Redlands Municipal Code. SECTION THREE: The provisions of Chapter 5.80 of the Redlands Municipal Code, and as may be hereafter amended, shall govern the operation of this franchise. SECTION FOUR: Insurance. Franchisee shall obtain and maintain during the term of this franchise, all insurance required by this section and shall annually submit to the City certificates of insurance representing that such insurance is in force. Acceptance of the certificates by the City shall not relieve the franchisee of any of the insurance requirements contained herein, nor decrease liability of the franchisee. (a) Franchisee shall obtain and maintain during the term of this franchise, workers compensation and employer's liability insurance in amounts required by the City for all its employees performing services. (b) Franchisee shall obtain and maintain during the term of this franchise, comprehensive automobile and general liability insurance that provides protection from claims which may arise from the franchisee's and its employees' operations, performance or omissions under the terms of this franchise. The amounts of insurance shall not be less than $500,000 for comprehensive automobile and $1,000,000 for general liability insurance and shall not be canceled or reduced unless thirty (30) days prior written notice of the same is provided the City. In such event, the City may, within its sole discretion, terminate this franchise. (c) The City shall be named as an additional insured in all insurance policies required by this section and such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by the City. SECTION FIVE: Indemnification. The franchisee shall defend, indemnify and hold harmless the City, and its elected officials, officers and employees, from and against any and all liability, claims, suits, loss, damages, costs and expenses, including attorney's fees, arising out of or resulting from any negligent act, errors or omissions of the franchisee, its officer's, employees, agents or subcontractors in the performance of their services under this franchise. SECTION SIX: The granting of this franchise is conditional upon Mr. Paul Beagle, owner/operator of A & B Towing, Inc., filing within ten (10) days, with the City Clerk of the City of Redlands, a written acceptance thereof, and an agreement to comply with the terms and conditions of Chapter 5.80 of the Redlands Municipal Code and this resolution. ADOPTED, SIGNED AND APPROVED this 16th day of May, 1995. Mayor of the City of Redlands ATTEST: Cit lerk Resolution No. 5189 Page two -