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AGREEMENT TO DEFEND, TO HOLD HARMLESS AND TO INDEMNIFY BETWEEN CITY OF MOSCOW, IDAHO AND RENDEZVOUS IN MOSCOW, INC. FOR THE RENDEZVOUS IN THE PARK EVENT This agreement to defend, to hold harmless and to indemnify. between City of Moscow, Idaho (hereinafter "CITY") and the sponsor of the event, Rendezvous In Moscow, Inc., is made and entered into this IS( day of July, 2007. WHEREAS, Resolution No. 2007-11 of the City of Moscow, Idaho passed and approved on the l81h day of June, 2007 provides, in part, for the person(s) and or group holding the approved event to enter into an agreement with CITY to defend, hold harmless and indemnify CITY, its agents, servants, employees, officers and contractors from any and all claims, causes of action, or damages which may arise from the sponsor's use of CITY park premises for the approved event; and WHEREAS, this Agreement meets such requirement; NOW, THEREFORE, CITY and Rendezvous In Moscow agree as follows: AGREEMENT TO DEFEND, HOLD HARMLESS, AND INDEMNIFY; Rendezvous in Moscow, through its duly and specifically authorized agents, hereby releases CITY and agrees, contracts and covenants not to bring suit and agrees to defend, hold harmless, and indemnify CITY, its officers, employees, agents and representatives from any and all claims, costs, judgments, awards, or liability to any person, including claims by Rendezvous In Moscow's own agents, officers, employees and representatives to which Rendezvous In Moscow might otherwise be immune, arising from the Rendezvous in the Park event scheduled to occur July 19-21, 2007, permitted under the terms of Resolution No. 2007-11, except for claims based upon the sole negligent, intentional acts of CITY. Rendezvous In Moscow expressly agrees that this indemnity provision extends to any and all claims for injury, sickness, or death of any person, including officers, employees, agents and representatives arising out of, related to, or caused by the presence, dispensing, sale, gift, or ingestion of alcohol by Rendezvous in Moscow or its officers, employees, agents and representatives including, but not limited to, the caterer and/or vendor of alcohol during the Rendezvous in the Park event. Inspection, review and/or acceptance by the City of any actlV!ty performed by or during Rendezvous In Moscow or any activity or non-activity by CITY police officers or other officers, employees, agents or representatives of CITY shall not be grounds for avoidance of any of the covenants of defense, indemnification or hold harmless by Rendezvous In Moscow in behalf of CITY contained in this Agreement. AGREEMENT TO DEFEND, HOLD HARMLESS, AND INDEMNIFY (RENDEZVOUS 2007) PAGE10F2 2007-21 ---PAGE BREAK--- RENDEZVOUS IN MQSCOW, INC. CITY OF MOSCOW, IDAHO Bruce Livingston, President STATE OF IDAHO ) ) ss. COUNTY OF LATAH ) Nailcy!Chaney, Mayor ' ACKNOWLEDGMENT On this day of , 2007, he fore me, a Notary Public in and for said State, appeared Bruce Livingston, . own to me to be the person named above and acknowledged that he executed the foregoing d cument as having been specifically authorized and having authority to bind Rendezvous in Moscow, Inc. to tj:lfa Agreement. . 0 . ,,,111<11/· . n • • • • • • 'e v . . · . . / ' . . tlOTAR\' \ - : : - : : - \ PUB\JC / . . 0 . • • • • • • u v / Vf)': • • • • • ' · OF \Q •u \ A(!r*em,T,tiHuldH;1UJll<>+:Rentid.ti,,lf2f01i.rJ. \ AGREEMENT TO DEFEND, HOLD HARMLESS, AND INDEMNIFY (RENDEZVOUS 2007) PAGE 20F2 ---PAGE BREAK--- ACORQ. CERTIFICAT, OF LIABILITY INSURA*·+E I DATE (MM/DDIYYY) 07/18/2007 PRODUCER (208)882-8544 FAX t ,)882-7336 THIS CERTIFICATE • .oSUED AS A MATTER OF INFORMATION AMERICAN INSURANCE AGENCY ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Remington Branch HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 203 E. 3rd Street r.o.,cow, ID 83843 INSURERS AFFORDING COVERAGE NAIC# INSURED Rendezvous in Moscow Inc INSURER A Scottsdale Insurance PO Box 9067 INSURERS: Moscow, ID 83843 !NSURER C: INSURERD: INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. M A r;.'l.'l;l TYPE OF INSURANCE GENERAL UASJUTY rx- COMMERCIAL GENERAl LIABILITY I CLAIMS MADE OCCUR - GEN'L AGGREGATE LIMIT APPLIES PER: I ·h • R o- n POLICY JECT LOC AUTOMOBILE UABILITY - ANY AUTO - All OWNED AUTOS - SCHEDULED AUTOS - HIRED AUTOS - NON..OWNED AUTOS c- - GARAGE LIABILITY R ANY AUTO P CESS!UMBRELLA UABILI1Y OCCUR D ClAIMS MADE R DEDUCTIBLE RETENTION • WORKERS COMPENSATION AND EMPLOYERS' UABfUTY ANY PROPRIETORfPARTNERIEXECUTIVE t)FFICERIMEMBER EXCLUDED? If es, describe under S ECIAL PROVISIONS below OTHER POLICY NUMBER POUCY EFFECTIVE P&l!feY EXPIRATION UMITS 07/ll/2007 07/11/2008 EACH OCCURRENCE • 1,000,00t DAMAGE TO RENTED • lOO,OOV MED EXP {Any one person) • 1,00t PERSONAL & ADV INJURY $ 1,000,00t GENERAl AGGREGATE • 1 ooo,oov PRODUCTS- COMPfOP AGG $ l,OOO,OOV COMBINED SINGLE LIMIT (Ea accident) ' BODILY INJURY (Per person} $ BODILY INJURY (Per accldent) $ PROPERTY DAMAGE • (Per accident} AUTO ONLY - EA ACCIDENT • OTHER THAN EAACC • AUTO ONLY: AGG $ EACH OCCURRENCE • AGGREGATE • • • $ 1-.'X miU;,I I OJ· E.L EACH ACCIDENT $ E.L DISEASE • EA EMPLOYEE $ E.L DISEASE· POLICY LIMIT $ rJ!ESCR!PllON OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECfAL PROVISIONS /ertificate Holder is Listed as Additional Insured. t..ll'll n1:1> 1 14TION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL _1Q_ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, City of Moscow BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY PO Box 9203 OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. Moscow, ID 83843 AUTHORaEO REPRESENTA Shawn Sullivan/SO ACORD 25 (2001/08) ©ACORD CORPORATION 1988