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1984-054-Approving An Agreement For Training In Arboricultural Practices Between The Town Of Los Gatos And The City Of SaratogaRESOLUTION NO. 1984 -54 A RESOLUTION APPROVING AN AGREEMENT FOR TRAINING IN ARBORICULTURAL PRACTICES BETWEEN THE TOWN OF LOS GATOS AND THE CITY OF SARATOGA WHEREAS, the Town of Los Gatos has agreed to provide technical training in arboricultural practices for employee(s) of the City of Saratoga, and; WHEREAS, in consideration for the aforementioned service, the City of Saratoga agrees to defend, and hold harmless the Town of Los Gatos from any and all damages and claims, and; WHEREAS, this Agreement will allow for an increased knowledge and practice of modern arboricultural methods; NOW, THEREFORE BE IT RESOLVED that the Town Council of the Town of Los Gatos does hereby approve and understand the general provisions of the Agreement for training in arboricultural practices between the Town of Los Gatos and the City of Saratoga, and; BE IT FURTHER RESOLVED that Thomas Ferrito, Mayor of the Town of Los Gatos, is to have signature authority for this Agreement. PASSED AND ADOPTED BY THE TOWN COUNCIL OF THE TOWN OF LOS GATOS, CALIFORNIA, at a regular meeting held this 2nd day of April, 1984, by the following vote: AYES: COUNCILMEMBERS Joanne Benjamin, Terrence J. Daily, Brent N. Ventura and Mayor Thomas J. Ferrito NOES: COUNCILMEM BERS ABSENT: COUNCILMEMBERS Eric D. Carlson ABSTAIN: COUNCILMEMBERS None ATTEST: CLERK OF THE TOWN OF LOS Gff S F G SIGNED ` % z `MAYOR OF THE,/TT N OF LOS GATOS �w A AGREEMENT FOR TRAINING IN ARBORICULTURE PRACTICES BETWEEN THE TOWN OF LOS GATOS AND THE CITY OF SARATOGA- _- I-______� This Agreement is made and entered into this day of , 1984 by and between the Town of Los Gatos (hereinafter "Town ") and the City of Saratoga (hereinafter "City "). The parties hereby agree as follows: Town agrees to provide technical training in arboriculture practices to no more than three (3) employees of City's Park Department. In consideration of the above mentioned service, City agrees to defend, indemnify and hold harmless Town from-any and all damages, claims, demands, obligations, lawsuits, judgments, penalties, causes of action, losses, liabil- ities, expenses or costs at any time received, incurred or accrued by Town as a. result of or arising out of the acts, omissions, use or operation of City, its officers, agents, employees, or invitees on, about or related to Town property arising from above said use of Town property except as arises from the sole, willful act or omission or sole negligence of Town, its officers, agents or employees. City agrees that in the event of losses, liabilities, damages, claims, demands, expenses, costs, obligations, judgments, or penalties arising hereunder, there shall be no apportionment for comparative fault. City further agrees to be solely responsible for worker's compensation or any other benefits its officers, agents, employees, or invitees might be entitled to while en route to or from and while within Town limits. City agrees to waive all claims or causes of action arising from the use of Town property for said training purposes, which City, its officers, agents., employees or invitees may have for damages to any property on, about or related to Town property; and for injuries or death to persons on, about or related to Town property, from any cause or causes arising at any time except for the sole, willful act or omission or sole negligence of Town, its officers or employees. WITNESS THE EXECUTION HEREOF on the day and year first above written. TOWN OF ATOS CITY OF SARATOGA By By - '-1Rayor APPROVED AST OR 7 Mayor vl / z n Qro � `�o torneq��