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HomeMy WebLinkAbout1996-042 Borzini North County Sand City of Atascadero J,: Contract #96042 INDEMNITY AGREEMENT 1. This Agreement is entered into by and between Lew K. Borzini, dba Borzini North County Sand & Gravel and the City of Atascadero through their City Manager, Andrew J. Takata. 2 . The City of Atascadero has requested that Mr. Borzini perform bulldozing and sediment removal services along Atascadero Creek on the property owned by the City lying southwest of the intersection of Portola Road and State Highway 41. The purpose of this work is to remove the sediment which has accumulated in Atascadero Creek in an attempt to reduce the flooding potential in the area. 3 . Mr. Borzini will receive no cash compensation for the work described in this indemnity agreement. Instead, his compensation will consist of being permitted to retain or sell as he may wish to do so, as his own property, all of the dirt that is removed by the work covered in this agreement. 4 . The City of Atascadero hereby agrees to indemnify Mr. Borzini and those under his employ and to hold him and his employees free and harmless from any and all legal liability, obligation, claim, loss, expense, damage or cause of action, including reasonable attorney fees and costs which he may sustain by reason of such legal liability, in consequence of the performance of this work. This indemnification shall not include the willful actions or omissions of Mr. Borzini or his employees. 5. This agreement shall be binding on the parties hereto, their heirs, administrators, successors n assigns who shall be bound by all the terms and conditions of t s agreem Dated• � 12 "� / 9 LEW K. BORZINI, dba Borz� i North County Sand & Gravel Representing The City of c er Dated• � � - , Signatu Printed Name APP OVEDAS O FORM: k,,/V jz— Title AR ER R. ON l DON, City Attorney of A A"/y ppf L/�/