Full Text
AGREEMENT TO HOLD HARMLESS, INDEMNIFY AND DEFEND This Agreement, made this day 1993, between the City of Moscow, a municipal corporation of the State of Idaho, and United Parcel Service, Inc. (hereinafter, UPS): WITNESSETH: WHEREAS, UPS is desirous of placing a Letter Center mailbox on City of Moscow right of way at Kenworthy Plaza, S. Washington St.; and WHEREAS, the City of Moscow requires that UPS hold the City harmless and that UPS shall indemnifY and defend the City ofMoscow from liability regarding such Letter Center Mailbox. NOW THEREFORE, be it agreed as follows: 1. TERM: The term of this Agreement shall be from October 20, 1993, ending on October 20, 1994. 2. LOCATION: UPS shall be allowed to place a Letter Center Mailbox for receipt of UPS Next Day Air on the sidewalk, against the building ofKenworthy Plaza, S. 100 Washington St., Moscow, Idaho. Such placement shall be subject to the approval of the City Engineer of the City ofMoscow 3. OWNER'S CONSENT: UPS shall be responsible for obtaining any authorization from the owners of Kenworthy Plaza, if any is necessary. Nothing contained herein shall be construed as granting such authorization. 4. MAINTENANCE: UPS shall be solely responsible for the maintenance and installation of such mailbox, and shall thereafter keep such mailbox in good and safe condition. AGREEMENT PAGE 1 ---PAGE BREAK--- 5. RENEWAL: This Agreement may be renewed by mutual consent of the parties, upon the same conditions and privileges as contained herein, unless changes therefrom are mutually agreed by the parties in writing. 6. HOLD HARMLESS: UPS agrees to hold harmless, indemnify and defend the City ofMoscow, its employees, agents or representatives from any and all damages of any nature resulting from the installation and/or use of the Letter Center Mailbox, except those damages resulting from the negligence of the City ofMoscow, its employees, agents or servants. Dated this I d- day of 7/IJ!:, 1993. United Parcel Service, Inc. City ofMoscow b{.k z/)iu:frAJ District Customer Service Mgr. Paul C. Agidius, Mayor ATTEST: Elaine Russell, Ctty Clerk AGREEMENT PAGE2 ---PAGE BREAK--- I* I Umted Parcel Serv1ce A.c_ s Seattle:. WA 98'08 (2U6) 767-9700 Gary J. Riedner City Attorney City of Moscow 122 East 4th street Moscow1 Idaho 83843 October 211 1993 Re: Placement of Letter Center Dear Mr. Riedner Please find enclosed the original of an Agreement to Hold Harmless1 Indemnify and Defend. This agreement is for the placement of a United Parcel Service Inc. (UPS) Letter Center. We have agreed upon the terms herein. Please sign/ and return a copy of an original for our files. If you have any questions/please feel free to call. Sincerely/ 'lJ at1 t;k; Daniel R. Edward Customer Service ---PAGE BREAK--- P.O. Box 9203 83843-1703 September 28, 1993 Gemi Larson United Parcel Service N. 1016 Bradley Spokane, Wa. 99212 Dear Ms. Larson: Moscow, Idaho Re: Placement of Letter Center Phone [PHONE REDACTED] Fax [PHONE REDACTED] Please find enclosed the original of an Agreement to Hold Harmless, IndemnifY and Defend. Please execute the same and return the original to me at the above address. I will then submit the same to the City Council for its approval. I would expect that the prospective approval of the Council would be forthcoming within the next few weeks. If you have any questions, please feel free to call. ;