HomeMy WebLinkAbout2004-05-03 City Council (8)City of Polo Alto
C ty Manager’s Repor,
TO:HONORABLE CITY COUNCIL
FROM:CITY MANAGER DEPARTMENT: COMMUNITY SERVICES
DATE:
SUBJECT:
MAY 3, 2004 CMR: 241:04
INDEMNITY AGREEMENT BETWEEN DME PROPERTIES AND
THE CITY OF PALO ALTO
RECOMMENDATION
Staff recommends that the City Council approve and authorize the City Manager to
execute the attached hold harmless agreement between DME Properties and the City of
Polo Alto.
BACKGROUND
The Public Art Commission is planning a dedication of a new public art mural, located on
the new Walgreen’s Pharmacy in Midtown. The dedication ceremony is scheduled for
May 8, 2004 from 12:00pm to 3:00pm. The site of the planned ceremony, 2615
Middlefield Road, is on private property. The owner of the site, Michael Haley, dba as
DME Properties, has given verbal agreement of the use of the site conditioned upon the
City indemnifying him for the duration of the dedication and establishing a hold harmless
agreement.
RESOURCE IMPACT
This project is funded through CIP-18617, Art in Public Places, and through private
donations.
ENVIRONMENTAL REVIEW
This is not a project requiring review under CEQA.
ATTACHMENTS
Attachment A:Agreement
CMR:241:04 Page 1 of 2
Director, Arts and Culture
DEPARTMENT HEAD:~ , (~. ~~-~,~
RICI~A~ JAI~S
Director, Community Se~_jr.aa.Department
CITY MANAGER APPROVAL:~~. ~
EMIL!!-~ARRISON
Assistant City Manager
CMR:241:04 Page 2 of 2
XRD~ITY AGR~E~?E BETWEEN THE CIT~i OF PALO ALTO
AND MICHAEL ~ALEY, DANIEL T. HALEY, JR., AND ELLEN H. DEDERIAN
The CITY OF PALO ALTO agrees to hold harmless and
indemnify MICHAE5 HALEY, DANIEL T. HALEY, JR., AND ELLEN H.
DEDERIAN dba E~4E PROPERTIES from and against all claims, injury,
liability, loss, costs and expense (including all costs and
reasonable attorney’s fees in providing the defense to any claim or
cause of action), or damage, however same may be caused or claimed
to be caused which arises from MICHAEL HALEY, DANIEL T. ~ALEY, JR.,
AND ELLEN H. DEDERI~ dba D~qE PROPE~.TIES making their pxoperties at
2615 Middlefield Road, Palo Alto, available for a dedication
ceremony for the new Poetry Wall mural on May 8, 2004, from 12:00
p.m. to 3:00 p,m, Said commitment by CITY OF PAL0 ALTO to hold
MICHAEL HALEY, DANIEL T. HALEY, JR., AND ~LLEN H~ DEDERIAN dba DME
PROPERTIES harmless shall include, but no~ be limited to, except as
provided below, any claim, loss,-or damage to property (real and/or
personal) and from personal injury to or death of any person or
persons arising out of, occurring by reason of, or in any way
connected with use of said property by the C~TY OF PALO ALTO.
Senior Asst. City Attorney
APPROVED:ELLEN H~ DEDERIAN DATE
Director of Community
Services
Risk Manager