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1967-445 -- RESOLUTION NO. 6'7R- 445 r- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AGREEMENT, TO BE MADE AND ENTERED INTO B1ETWEEN THE CITY AND JIM PIERSALL, FOR THE iPURPOSE OF CON- DucTING A BASEBALL SCHOOL ~T BOYSEN PARK AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT. WHEREAS, the City of Anaheiim owns and operates Boysen Park, which is located at the inters!ection of State College Boulevard and Vermont Street in the City of Anaheim, for the recreation, health and well-being of its residents; and WHEREAS, Jim Piersall, a representative of the All- American Baseball Schools Co., desires to rent the baseball field at said park for the purpose of conducting a baseball school at which the fundamentals of the game of baseball will be taught and the recreational program of the City of Anaheim will be enhanced; and WHEREAS, the City of Anaheim is of the opinion that the rental of the baseball field at Boysen Park for said purpose will be in the best interests of the residents of the City of Anaheim; and WHEREAS, a form of agreement, dated July 17, 1967, has this day been submitted to the City Council to be made and entered into between the City and said Jim Piersall; and WHEREAS, the City Council finds that said agreement is satisfactory and should be approved. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the agreement, dated July 17, 1967, this day submitted to the City Council to be made and entered into by and between the City of Anaheim and Jim Piersall, a representative of the All-American Schools Co., upon the following terms and conditions: Ill. CITY hereby agrees to permit COMPANY to enter into and use the baseball field at Boysen Park, which is located at the intersection of State College Boulevard and Vermont Street in the City of Anaheim, for the purpose of conducting a baseball school and for no other purpose. 112. CITY agrees to permit COMPANY to use the baseball field on the following dates: July 17 through July 28, 1967 July 31 through August 11, 1967 August 14 through August 25. .....- The hours of use on the above-mentioned dates will be from 9:00 A.M. to 2:00 P.M. It is understood and agreed by and between the parties hereto that on Monday, July 17, on Monday, July 31, and on Monday, August 14 that COMPANY will confine its activities to the outfield area and will permit no activities on the infield of the baseball diamond. -1- ~ - ",- "3. COMPANY agrees to pay for 'Ilse of the baseball field One Hundred and Fifty Dollars ($150.00) for each two-week session list~d in Paragraph 2 of this agreement. COMPANY f'llrther agrees to pay said One Hundred Fifty Dollars ($150.00) on or before the second day of each session. "4. COMPANY hereby agrees to accept the baseball field equipped as is and t~ restore the same at the te'rmination of this agreem~nt to its original con- dition, ordinary wear and tear accepted. It is further understood and agr~ed that CITY will provide no special field preparation. "5. COMPANY will, at its own cost and expense, prior to the commencement of the use of the baseball field, provide public liability and property damage insurance in an amount not less than One Hundred Thousand Dollars ($100,000.00) for injuries to any one person, and subject to the same limit for each person in an amount not less than Three Hundred Thousand Dollars ($300,000.00) on account of any one accident, and property damage insurance in an amount not less than Fifty ~housand Dollars ($50,000.00). Such policy of insurance shall name as parties insured the COMPANY, the CITY, and each and all of the officers and employees of them as their interest may appear. "6. COMPANY further agrees to indemnify and hold harm- less the CITY from all loss, cost and expense arising out of any liability, or claim of liability, for injury or damages to persons or property sustained or claimed to have been sustained, by anyone whom- soever, by reason of the use or occupation of the facilities hereinabove described, whether such use is authorized or not, or by any act or omission of the COMPANY or any of its officers, agents, employees, guests, patrons or invitees. 117. CITY reserves the right to terminate the license granted by this agreement for good cause or for any reason in the interests of CITY so to do upon three (3) days written notice to COMPANY. In the event that COMPANY shall determine that sign-ups for the conduct of the baseball school shall be insufficient, COMPANY shall have the option to cancel this agree- ment upon three (3) days written notice to CITY." be, and the same is hereby approved. BE IT FURTHER RESOLVED that the Mayor and City Clerk be, and they are hereby, authorized to execute said agreement for and on behalf of the City of Anaheim. /~ THE FOREGOING RESOLUTION is approved and signed by me this 1st day of August, 1967. ATTEST: g J )x_2~-~n~ CI' CLERK OF THE CITY OF ANAHEIM -2- STaTE Of C.AJ..IPOIiIfIA CGU.ITY Of QJW& em or: AlAlEDI - I, DElE .. WILLIAIIS, City Cle~k of the City 'of AnaAeia, do hereby certify that tile foreg:Oing Reso~lIUOl'l.o. 67R-445 .s 18- tJ.ooduced aad adopted at a replar .eetinglprovldedby law of tM City COlIAcll of the City of Aaaheta, held :on tile ls"t day of .....t, 1.7, by the fOllowiag vote of the ....r. taereofi AYES I COOJI,; IIJIEIlI Du~ton, Krein, Chandler, and Peijley IIOESI COUJI;ILIIEIf I NOlle ABSENTs CQIJl:II.I8DfI Sc"'tte I AID I FUlTHii CERTIFY that the Mayor of the City of Anaheia approved and signed said Resolutida )fo. 67R-445 on the 1st day of Mgust, 1967. DC WITlESS ~F, I have he1'!ewato set .Y band and affixed the official seal of the City of .*eta this 1st day of AUfUst, 1967. ~<<- , . . ~"'~,~ C ' OF CIlT OF .iiDl ( sw,) I, DENE M. WILLIAMS, City Clerk of the City of Anahei8, do hereby certify that the foregoing is the original of Resolution No. 67R-445 duly passed and adopted by the Anaheim City Councll on August 1, 1967. ~ N. d7~ Ci ty Clerk --.... .... -