ATTACHMENT 1
DONATION AND INDEMNITY
AGREEMENT
1. IDENTIFICATION
THIS AGREEMENT (“Agreement”) is entered into by and between the City of Burbank, a California municipal corporation (“City”), and Leadership Burbank (“Donor”), as of this ____ day of __________, 20__.
1.1 City intends to accept a donation of new adaptive sports equipment valued up to $90,000 from the Leadership Burbank Class of 2025 to support the Adaptive Sports Program at the McCambridge Recreation Center as described more fully in Section 3 below.
NOW, THEREFORE, and in consideration of the mutual covenants and conditions herein contained, City and Donor agree as follows:
2. DONATION
Donor will donate new adaptive sports equipment to support the Adaptive Sports Program located at the McCambridge Recreation Center located at 1515 N Glenoaks Blvd, Burbank, CA 91504, with a total estimated value of up to ninety thousand dollars ($90,000.00), for the benefit of the community.
3. DONOR OBLIGATIONS
3.1 The Donor shall be responsible for the purchase of the new adaptive sports equipment including delivery of equipment as described under City obligations below.
3.2 The Donor shall be responsible for all of its equipment and personal property used or maintained on City premises during the purchase, installation, or delivery of the Donation, and releases the City from any liability for either loss of, or damage to, such equipment or personal property.
3.3 Condition of the Donated Goods: The Donor represents and warrants that the Donation, once accepted, will be in good condition and free from any defects or damage that would affect its valu e, quality, or use by the City.
The Donor agrees to provide the City with any documentation related to the adaptive sports equipment Donation, including product specifications, manuals, warranties, and maintenance requirements.
3.4 Use and Display of Donation: The Donor acknowledges that the City will have full control over the use and display of the new adaptive sports equipment, at any City facility, and for use at any City special event.
3.5 Conservation, Maintenance, or Replacement : The Donor shall not be responsible, after the adaptive sports equipment is accepted by the City and delivered to the City , for any conservation, maintenance, or ATTACHMENT 1
replacement costs for these donated items. The Donor shall be responsible for providing the City with any costs associated with the conservation, maintenance, or replacement needs of the adaptive sports equipment. Donor agrees to allocate funds for the conservation, maintenance, or replacement needs of the adaptive sports equipment to a Project Maintenance fund.
3.6 Defense, Indemnification and Hold Harmless : The Donor agrees to indemnify and hold harmless the City, its officers, directors, employees, and agents (collectively referred to as the "Indemnified Parties"), from and against any and all claims, damages, liabilities, costs, and expenses, including reasonable attorneys' fees, arising out of or in connection with any act or omission of the Donor or any of its agents or employees that result in bodily injury, property damage, or other harm to any third party.
3.7 Release of Ownership Rights : Upon the delivery and acceptance of the adaptive sports equipment , the Donor shall forever release any rights , claims of interest, or payments for said Donation to the City. The Donor shall have no right to view, alter, or repair any portion of the Donation without obtaining advanced written approval from the Parks and Recreation Director.
4. CITY OBLIGATIONS
4.1 City shall accept Donor’s Donation for the sole use by the Parks and Recreation Department for the benefit of the community. All planning and installing of the Donation shall comply with the terms as described in section 3 above and as provided by Government Code sections 37354 and 37355 and the City’s Administrative Procedure V1-12 Contribution of Merchandise or Money to City Departments.
4.2 City agrees to provide Donor with any reasonable documentation requested by Donor to support its application for a tax deduction for its Donation to the City under this Agreement.
4.3 Upon Donor’s request, City shall recognize Donor in publicity, news releases, printed matter, and other public information regarding the Donation.
4.4 If the City, at any time after the acceptance of the Donation, determines that any or all of the Donation is no longer needed, is in disrepair, or no longer useful to the City, the City may, with no advanced notice to Donor, discard all or part of the Donation.
4.5 Indemnification and Hold Harmless: Upon completion of the Donation by the Donor, and approval of the Donation by the City, the City shall release the Donor from and against any and all claims, damages, liabilities, costs, and expenses, including reasonable attorneys' fees, arising out of or in connection with the Donation that result in bodily injury, property damage, or other harm to any third party.
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4.6 Conservation, Maintenance, Repair, and Replacement : The City will be responsible for the conservation, maintenance, replacement, and repair of the adaptive sports equipment provided by the Donation. The City shall accept funds from the Donor Project Maintenance fund for any repair or maintenance to the adaptive sports equipment.
4.7 All donated adaptive sports equipment, once the Donation is accepted by and delivered to, the City, shall be the exclusive property of the City.
5. NOTICES
Any notices required by this Agreement shall be sent to:
If to City:
City of Burbank
Attn: Parks and Recreation Director
150 North Third Street
Burbank, California 91502
Telephone: (818) 238 -5310
Facsimile: (818) 238-5321
With courtesy copy to:
City of Burbank
City Attorney
275 East Olive Avenue
Burbank, California 91502
Telephone: (818) 238 -5700
Facsimile: (818) 238-5724
If to Donor:
Leadership Burbank – Board of
Directors
Attention: Karen Volpei
200 W. Magnolia Blvd.
Burbank, California 91502
Telephone: (818) 934-0452
Facsimile: N/A
Email:
[email protected]
[email protected]
6. EXECUTION COUNTERPARTS
This Agreement may be executed in counterparts and each such duplicate counterpart shall constitute an original, any one of which may be used for any purpose without the production of its duplicate counterpart. Moreover, each counterpart shall be deemed for all purposes to be an original, and all such counterparts together shall constitute one and the same instrument, binding on all Parties hereto. Transmission by facsimile, electronic mail, and/or other validated instantaneous electronic transmission to one Party of a t rue copy of a counterpart duly executed by the other Party shall constitute valid delivery of such counterpart, and shall be valid, binding, and effective for all purposes. Notwithstanding the foregoing, the authority under this Section to execute this Agreement with an electronic signature shall be limited to a physical (“wet ink”) signature placed on a counterpart to this Agreement by a Party and transmitted electronically as described in this Section to the other Party.
ATTACHMENT 1
7. INTEGRATION
This instrument constitutes the entire Agreement between City and Donor with respect to the Donor’s donation described herein. No other prior oral or written agreements are binding upon the parties. Amendments to this Agreement shall be effective only if made in writing and executed on behalf of both City and Donor TO EFFECTUATE THIS AGREEMENT, the City has caused its duly authorized representative to execute this Agreement on the dates set forth below. Donor makes this contract, if at all, by making the donation specified in Section 3.
"DONOR"
[Leadership Burbank]
"CITY"
City of Burbank
Signature Signature
Name (Please Print) Name (Please Print)
Title Title
If Donor is a corporation or LLC, a
second signature is required:
ATTEST:
Office of the City Clerk
Signature
Name (Please Print)
Title Kimberley Clark, City Clerk
Approved as to Form
Burbank City Attorney’s Office
By:
Ray Johal, Senior Assistant City
Attorney