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Home My WebLink AboutCC Resolution 6957 (Canal Levee Maintenance)RESOLUTION NO. 6957 RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT THE CITY COUNCIL OF THE CITY OF SAN RAFAEL HEREBY RESOLVES as follows: The Mayor and City Clerk are authorized to execute, on 1. behalf of the City of San Rafael, a lease or agreement with TISCORNIA ESTATE COMPANY for maintenance of a o_;'±-`tQ of the San Rafael Canal_ieyee a copy of which is attached hereto, marked Exhibit "A", and incor- porated herein by this reference. I, JEANNE M. LEONCINI, City Clerk of the City of San Rafael, California, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City held on the 5th day of November 19 74, by the following vote, to wit: AYES: COUNCILMEMBERS: Fru-oli, Nave, Russom and Acting Mayor Breiner NOES: COUNCILMEMBER.S- None ABSENT: CnTTNCILMRMBFRS _ Mayo7- Mulryan M. LEONC NI, City C r'rl r 6 f-"'7 INDEMNITY AGREEMENT THIS AGREEMENT.is made and entered into tL - �a ,,,of September, 1 84, by and between the City of San 3f-ae-1`; air mun-rcipal..__cor Ntion ("City" hereafter) and Tiscornia Estate Company, a partnership ("Tiscornia" hereafter), and is based upon the following facts: a. Tiscornia is the owner of certain real property situated in the City of San Rafael, County of Marin, State of California, bordering upon the waters of San Rafael Bay, the location of which is generally shown on Exhibit "A" attached hereto and incorported herein by reference. b. City is the owner of certain real property lo- cated in the same general vicinity as the property of Tiscornia. The property of City has been developed for public park purposes. C. For the protection of its public park property, City deems it expedient and convenient to enter upon the property of Tiscornia and to raise the elevation of the levI• which separates the Tiscornia property from the waters of San Rafael Bay. Tiscornia is willing to permit said entry by City on the terms hereinafter set forth. NOW, THEREFORE, IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: 1. Tiscornia does hereby grant to City a limited license to enter upon the property of Tiscornia shown on Exhibit "A" hereto for the purpose of raising the elevation of the levy separating the Tiscornia property from the waters of San Francisco Bay. Said work shall be performed by City in a good and workmanlike manner and in accordance with accepted construction prac-t-ices so—a-s to raise the lev,) "on Tiscornia property to the elevation andaccordance with the cross section shown upon Exhibit A hereto. Said work shall be completed on o- before 1984. I 2. In consideration for --the' grant o �f said license, City does hereby agree to indemnify and save Tiscornia, and its agents and employees, harmless from any and all liabil- ity, claims, damages or injuries to any person or property, including, but not limited to, injuries to the officers, employees, agents and contractors of City, and all claims which arise from or are in any way connected with the per- formance of said work and the exercise of said license by City. Said indemnification shall extend to any and all expenses of investigating and defending any of said claims. U M L?�d�L During the entire term of this Agreement, City agrees to obtain and maintain public liability insurance at its sole expense, to protect against loss from liability imposed by law, for damages on account of bodily injury, including death therefrom, or property damage of any kind or nature suffered, or alleged to be suffered, by any person or persons whosoever resulting directly or indirectly from any act or activities of the City, its officers; employees, agents or contractors. Such public liabilty and property damage insurance shall be maintained in full force and effect throughout the term of this Agreement and any extension thereof, in the following minimum limits: Bodily Injury $1,000,000 for each person $2,000,000 for each occurrence Property Damage $500,000 for each occurrence $1,000,000 aggregate A combined single -limit policy, with aggregate limits in the amount of $2,000,000 will be considered equivalent to the required minimum limits. All such insurance shall be primary insurance and shall name Tiscornia as an additional insured to the extent that Tiscornia is herein indemnified. City agrees that the provisions hereof as to maintenance of insurance shall not be construed as limiting in any way the extent to which City may be held responsible for the payment of damages to persons or property resulting from the activities of City, its officers, agents, employees or contractors. A certificate of insurance, or an appropriate insurance binder, evidencing the City's insurance coverage shall be submitted to Tiscornia prior to the performance of any work under this Agreement. The terms of the insurance policy or policies issued to provide the above insurance coverage shall provide that said insurance may not be amended or canceled by the carrier for non-payment of premiums, or otherwise, without thirty (30) days prior written notice of amendment or cancelation to Tiscornia. In the event said insurance is canceled, City shall, prior to the cancelation date, submit to Tiscornia new evidence of insurance in the amounts heretofore established. City shall procure and maintain, at its sole expense, Worker's Compensation Insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for City against any loss, claim or damage arising from any injuries or occupational diseases happening to any worker employed by City in the course of carrying out this Agreement. 3. Should it become necessary for Tiscornia to institute any legal action to enforce any of the provisions hereof, City shall pay to Tiscornia any and all reasonable expenses, including attorneys' fees and court costs, incurred in connection therewith. _2_ IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. CITY OF SAN RAFAEL, a municipal corporation B Mayor Attest: City Clerk Approved as to form: -3- TISCORNIA ESTATE`COMPANY, a general partnership By: Mary Tiscornia, General Partner By. Alice B. Vincilione General Partner 'r _ ,rte , �U \� , e jj?a'— a • ; /".17�— PROJECT LOCATION _ `'��"':`�>L~ i Lu"" C A T 1 OU44 N MAP SCALE 1' 1600' y BIT JI _ CITY OF SAN RA AEL SHEET � OF � CALIFORNIA APPROVED BY • ENGINEERING DEPARTMENT C- A°"° PICKLEWEED PA RX S"�'�`="�. �Ci��LUCITYE•vGINEER :•EC•E� LEVEE REPAI R LATE 'aT= SY�Lc DNG. CASE 'C 4g. 't4l `, We w. zi Ayr j Fr -1 m z < 0 Z M Z: FT -1 mm m 0 -n f (7) 0' m 0:0 > mz m m >- Z m > m > > C7 ID n Wo m 0 rr) Om n- o `, We w. zi Ayr rn —n Z > m j Fr -1 m z < 0 Z M Z: FT -1 mm m 0 -n f (7) 0' m 0:0 > mz m m >- Z m > m > > rn —n Z > m i pV U 1�� O O i I CITY OF SAN RAFAEL SHEET ;�j_ O � ' 1 CALIFORNIA APPROVED sr j ( ENGINEERING DEPARTMENT �: �E •�_D 9r A?VD P/C p2L c plCED Pf -11W LVfi � I TEP/ /� CITY E �GIAEcR F :aa1i•. G'r.o ' // ` ._= LEVEE 9,-!59A 18 DATE D.% E: � sc._E � � .. owc. CASE