HomeMy WebLinkAboutMediaNews Group, Inc., DBA Ukiah Daily Journal 2013-12-18C o Na. 3 -i s
INDEMNITY AND HOLD HARMLESS AGREEMENT
This Agreement is entered in Ukiah, California, on December 18, 2013 ("Lffective
Date"), by the City of Ukiah ("City"), a general law municipal corporation, and MediaNews
Group, lna ("UD.P'), a corporation authorized to conduct business in California.
RGCITALS:
1. The City has received an opinion from the certified arborist it uses to evaluate trees in
the City tllat redwood trecs adjacent to the offices of the Ukiah Daily Joumal (`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
arborist to evaluate the trees and to advise UDJ on whether removal is necessary or whether
other steps can be taken to preserve tlie trees without undue risk of damage to persons or
property.
3. City is willing to give UDJ additional time to investiaate the trees or other matters it
considers relevant, if UDJ agrees to name the City as an additional insured under an insurance
policy tha[ 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.
AGREF,MENT:
In consideration of and reliance upon the above-recitals and die tertns 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 Ciry, and its ofhcers. 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 tl e City, or its officers, agents or employees.
2. The City agrecs not to remove the Trees or alter their condition unti] UDJ completes its
investigation or this agreement is terminated or terminates.
3. This Agreement shall remain in effect from the Effective Date, until January 31, 2014,
unless earlier terminated under paragraph 4 or extended by mutual written agreement of the
partics.
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. UD,1'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 I
damage caused by the Trees prior to the date the agreement terminates or is terminated.
5. Whenever notice is permitted or required under this Agreement, it shall be deemed
given when personally served by personal delivery or overnight courier or when delivered byfaxoremail. but only if receipe of the fax or email is acknowledged, or 48 hours a[ter it is
deposited in the United States mail with proper tirsi class posiage affixed thereto and addressed
as follows:
CITY OF UKIAH MEDIANEWS GROUP, (NC.
Attention: .fane Chambers, City Manager
Ukiah Civic Center
300 Seminary Avenue
Ukiah, CA. 95482
F'ax: 707-46
Iimail:jchambers@cityofukiah.com
or at such other address as such party may previously have advised the other party by notice
similarly given.
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WHEREFORE, the parties have entered this Agreemant on the Effective Date.
C[TY OF UKIAH MLDIANEWS GROUP. INC.
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Y G ' L z- ti_ By:
ane Chamber, City Manager in McConnell, VP Group Publisher
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