CONTRACT 4066 Other CLOSEDContract #4066
AGREEMENT REGARDING
DONATION OF SURPLUS PROPERTY BY
THE CITY OF EL SEGUNDO.
This contract arises from the City of El Segundo's offer to donate and El Segundo Unified School
District's offer to accept all of City's right, title, and interest in the surplus property listed in the attached Exhibit
"A" ( "Surplus Property"). In consideration of being permitted to accept the Surplus Property, El Segundo
Unified School Distrcit ( "Organization ") agrees to the following:
1. ORGANIZATION agrees and represents that ORGANIZATION read, understands, and agrees to the
City's rules and policies for purchasing the Surplus Property.
2. ORGANIZATION understands and agrees that the description of Surplus Property offered for donation
was compiled from available data, and there is no guaranty or warranty as to number, condition or quality.
ORGANIZATION agrees to assume all liability for the Surplus Property and understands that all property is
sold "As is" and "Where is." ORGANIZATION agrees to assume any cost of weighing, packaging, crating,
loading or hauling. THE CITY DISCLAIMS ALL WARRANTIES OR CONDITIONS, EXPRESS OR
IMPLIED, INCLUDING THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL THE CITY BE LIABLE FOR
DAMAGES IN EXCESS OF THE PURCHASE PRICE OF THE EQUIPMENT. IN NO EVENT WILL
THE CITY BE LIABLE FOR ANY LOSS OF USE, LOSS OF TIME, INCONVENIENCE, COMMERCIAL
LOSS, LOST PROFITS OR SAVINGS OR OTHER INCIDENTAL, SPECIAL, INDIRECT OR
CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE
EQUIPMENT, TO THE FULL EXTENT SUCH MAY BE DISCLAIMED BY LAW.
3. ORGANIZATION understands and agrees that ORGANIZATION was provided the opportunity to inspect
the Surplus Property before accepting it as a donation. Under no circumstances will the City accept a return of
the Surplus Property on account of property not coming up to the standard expected nor will failure to inspect
the Surplus Property be considered grounds for a claim against the City.
4. ORGANIZATION releases, waives, discharges, and covenants not to sue the City of El Segundo, its
elected And appointed officials, agents, volunteers, and employees (collectively, "Releasees ") from all liability
for any loss or damage, and any claim or demands on account of personal or property injury, whether caused
by Releasees' negligence or otherwise arising from my purchase or subsequent use of the Surplus Property.
5. ORGANIZATION agrees to indemnify and hold the Releasees harmless from and against any and all
claims arising from use of the Surplus Property whether caused by Releasees' negligence or otherwise.
ORGANIZATION will pay all costs incident to any claim, including, without limitation, reasonable attorneys'
fees.
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Contract #4066
6. ORGANIZATION expressly agrees that the foregoing release, waiver, and indemnity agreement is
intended to be as broad and inclusive as is permitted by the law of the State of California and that if any
portion is held invalid, it is agreed that the balance must, notwithstanding, continue in full legal force and
effect.
Signed this 12th day of April, 2010.
CITXWayt
O
J
City Manager
ATTEST:
Cindy M esen,
City Clerk
APPROVED AS TO FORM:
MARK D. HENSLEY, City Attorney
By: �� & YZ6 -
Karl IT Berger, Assistant City Attorney
EL SEGUNDO UNIFIED HOOL DISTRICT
eoff Yan
Superi ndent
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Contract #4066
Exhibit A
Surplus Property
COMMERCIAL 12/31/99 33 111633
4 6119012599360() IOAOEI#lUG()OC3CI * 008.975
L PERK! EXEMPT 1162'�4f _ MRS Ma.
16COC34lK5JE- i'Z237I CtiEi! til3
YFA:1 t COLL RIOWN I S U;1$11 011 nat ^tLr- a.GY.,YF S_Ei nt;O CEai r - ';':%�r+k r ,.Y�; i 0'
I E FIRST SOLO CLASS +YR ''01 MO l TYPE WK MP
p ruol88 Ct} I 88 131P i r.
I C.`A ?[By,�J�LTYPE MODEL CYLS ��
UNLADEN I TOTAL FEES
WENiHT N,�EE
4 02/05/89 `C1 � €1936th
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76 T 350 HAW ST l 1 _... _..__.
- F: .:EL SE8UN 0 CA 90245
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1350254
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