HomeMy WebLinkAboutMediaNews Group, Inc. (UDJ) 2013-12-18 Cor.c_ Na, r3�N -��s
INDENINITY AND HOLD HARMLESS AGREEMENT
This Agreement is entered in i7kiah, California, on December 18, 2013 ("Effective
Date"), by the City of Ukiah ("City"), a general law municipal corporation, and MediaNews
Group, Ina ("UDJ"), a corporafion authorized to conduct business in California.
RECITALS:
1. The City has received an opinion from the certified arborist it uses to evaluate h�ees in
the City that redwood trees adjacent to the offices of the IJkiah Daily Journal ("Trees") are
defective and should be removed to avoid potential damage to persons or property from falling
limbs.
2. UDJ has asked the City to delay removing the trees to allow UDJ time to retain another
azborist to evaluate the trees and to advise UDJ on whether removal is necessary or whether
other steps can be taken to preserve the trees without undue risk of damage to persons or
property.
3. City is willing to give UDJ additional time to investigate the trees or other matters it
considers relevant, if UDJ agrees to name the City as an additional insured under an insurance
policy that covers damage which may be caused by the trees and to indemnify the City against
any claim or damage, pending the completion of UDJ's investigation.
AGREEMENT:
In consideration of and reliance upon the above-recitals and the terms and conditions as
further stated below:
1. UDJ agrees to accept all responsibility for loss or damage to any person or entity,
including damage to property or personal injury, including death, and to defend, indemnify, hold
harmless and release the City, and its officers, agents and employees, from and against any and
all actions, claims, damages, disabilities, or costs of litigation caused or alleged to be caused by
the Trees, the dangerous condition of the Trees, or the failure to take action to prevent damage
caused by the Trees, whether or not there is concurrent, passive or active negligence on the part
of the City, or its officers, agents or employees.
2. The City agrees not to remove the Trees or alter their condition until UDJ completes its
investigation or this agreement is terminated or terminates.
3. This Agreement shall remain in effect from the Effective Date, unril January 31, 2014,
unless earlier terminated under paragraph 4 or extended by mutual written agreement of the
parties.
4. Either party may terminate this agreement at any time by written notice to the other
party. The notice shall state the date of termination. UDJ's obligation to indemnify the City
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under this Agreement shall continue after the termination of the Agreement with respect to any
damage caused by the Trees prior to the date the agreement terminates or is terxninated.
5. Whenever notice is permitted or required under this Agreement, it shall be deemed
given when personally served by personal delivery ar overnight courier or when delivered by
fax or email,but only if receipt of the fas or email is acknowledged, or 48 hours after it is
deposited in the United States mail with proper first class postage affixed thereto and addressed
as follows:
CITY OF UKIAH MEDIANEWS GROUP, INC.
Attention: Jane Chambers, City Manager
Ukiah Civic Center
300 Seminary Avenue
Ukiah, CA. 95482
Fax: 707-46
Email:jchambers@cityofukiah.com
or at such other address as such party may previously haue advised the other party by notice
similarly given.
WHEREFORE, the parties have entered this Agreement on the Effective Date.
CITY OF UKIAH MEDIANEWS GROUP, INC.
By: 1,� � By: " � �
ane Chamber, City Manager in McConnell,VP Group Publisher
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