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1975-175RESOLUTION NO. 75R-175 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING A FORM OF AGREEMENT AND AUTHORIZING THE DIRECTOR OF ANAHEIM STADIUM AND CONVENTION CENTER TO EXECUTE SAID AGREE- MENT ON BEHALF OF THE CITY OF ANAHEIM. WHEREAS, City owns and operates Anaheim Stadium and Convention Center; and WHEREAS, various tenants of said stadium and convention center use electrical, compressed air, natural gas, water and waste line contractors to perform various services for said tenants; and WHEREAS, said electrical, compressed air, natural gas, water and waste line contractors use various services of City in the form of labor and material in performing their work for said tenants; and WHEREAS, the City Council of the City of Anaheim has determined that said electrical, compressed air, natural gas, water and waste line contractors should pay for the services furnished by City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the form of agreement attached hereto as Exhibit "A" be, and the same is hereby approved. BE IT FURTHER RESOLVED that the Director of Anaheim Stadium and Convention Center is authorized to execute said agreement on behalf of the City of Anaheim. THE FOREGOING RESOLUTION is approved and signed by 1975 me this 8th day of April ATTEST: L o-Na u a.2. �J 2 CITY CLERK OF THE C ITY OF ANAHEIM WPH:in (S STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM ABSENT: COUNCIL MEMBERS: None 2uipun000y 2UZqunoOOy aaqua0 uozquaAUOO_mnipegg ao4oaiTa aa4ua0 uozpuaauo0 aunzpvns I, ALONA M. HOUGARD, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 75R -175 was intro- duced and adopted at a regular meeting of the City Council held on the 8th day of April, 1975, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Seymour, Pebley, Sneegas and Thom NOES: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution No. 75R -175 on the 8th day of April, 1975. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 8th day of April, 1975. 2--u CITY CLERK OF THE ,'ITY OF ANAHEIM I, ALONA M. HOUGARD, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 75R -175 duly passed and adopted by the Anaheim City Council on April 8, 1975. City Cler 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 A N D EXHIBIT "A" A G R E E M E N T THIS AGREEMENT, made and entered into this 8th day of April 1975, by and between the CITY OF ANAHEIM, a Municipal Corporation, hereinafter referred to as "CITY hereinafter referred to as "CONTRACTOR". W I T N E S S E T E: WHEREAS, CITY owns and operates Anaheim Stadium and Convention Center. WHEREAS, various tenants of said Stadium and Convention Center use electrical, compressed air, natural gas, water and waste line contractors to perform various services for said tenant; and WHEREAS, said contractors doing electrical, compressed air, natural gas, water and waste line work use various services of CITY in the form of labor and material in performing their work for said tenant. NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL PROMISES, COVENANTS AND CONDITIONS HEREIN CONTAINED, THE PARTIES HERETO AGREE AS FOLLOWS: 1. CITY hereby agrees to permit CONTRACTOR to enter Anaheim Stadium and Convention Center and perform work for tenants of Anaheim Stadium and Convention Center for the period of one calendar year commencing with the date of this agreement, on a non exclusive basis. 2. CONTRACTOR agrees to pay for the privilege of using Anaheim Stadium and Convention Center to perform its work and use certain labor and materials of CITY the sum of twelve and one -half 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 percent (12 1/2 of gross billings for elec- trical work, which CONTRACTOR makes to the ten- ant, or his exhibitors who employ said CONTRACTOR to do work at Anaheim Stadium and Convention Center, and five percent (5o) of CONTRACTOR'S billings to tenant and his exhibitors for compressed air, natural gas, water or waste line work. 3. CONTRACTOR will pay the sums referred to in Paragraph 2 hereof to CITY within fifteen (15) days after billing the tenant, or his exhibitors, of Anaheim Stadium and Convention Center. CONTRACTOR also agrees that he will furnish CITY with a copy of said billings along with said payment in order to verify the amount due CITY. CONTRACTOR agrees to permit CITY to inspect and audit the records relevant to said billings at any time, upon giving of reasonable notice, for the purpose of verifying amounts due to CITY. 4. CONTRACTOR agrees to protect, indemnify and hold harmless CITY from any and all liability, loss, damage or expense resulting from CONTRACTOR'S activities and use of Anaheim Stadium and Convention Center. CONTRACTOR further agrees to procure and provide to CITY public liability and property damage insurance (evidenced by Certificate of Insurance) with the following limits of liability: $250,000.00 for death or bodily injury or loss sustained by one person in any one occurrence; $500,000.00 for death or bodily injury -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 or loss sustained by more than one person in any one occurrence; and $100,000.00 for damage to or loss of property in any one occurrence. CONTRACTOR agrees to provide Certificate of Insurance to CITY at the time of signing this agreement to cover the same annual term, which shall provide that the insurance shall not be cancelled until the CITY shall receive a ten -day written notice of such proposed cancellation. IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed on the day and year first hereinabove written. "SEAL" By Contractor By (signature) "CITY" (Please type name and title below) Name Title -3- "CONTRACTOR" CITY OF ANAHEIM, a municipal corporation T. F. Liegler, Director Anaheim Stadium and Convention Center