HomeMy WebLinkAboutMemo from Bill Nichols
interoffice
MEMORANDUM
To:
Mayor Tammy de Weerd, City Council and Doug Strong
From:
Wm. F. Nichols
Subject:
Development and License Agreement between the City and MYB/S, Inc.
Date:
February 24, 2004
Within the attached Development and License Agreement for the above matter, I
have made the following revisions:
I. All areas throughout the document where "MYBS" appeared has now been
changed to reflect "MYB/S, INC."
2. The following language has been added to the paragraph on page 5 dealing with
insurance: however the City shall not be relieved hereby from liability for its
own negligence or that of its employees. (It is underlined on the agreement so
you can locate it easier.)
3. On page 5 in the second paragraph, fourth line down Chapter 8 has been
changed to Chapter 9 to correct the statutory reference.
4. On page 7 the address for the MYB/S, INC. has been revised to P.O. Box 55,
Meridian, Idaho 83680.
That, I believe takes care of all of the revisions.
The attorney for MYB/S, INC. requested that language be stricken (the underlined
portion) from the insurance clause. The language is as follows:
"In addition, "MYB/S INC. shall maintain, and specifically agrees to maintain
throughout the term of this AGREEMENT, liability insurance in which "City" shall be named
insured in the minimum amount as specified in the Idaho Tort Claims Act set forth in Title 6,
Chapter 9 of the Idaho Code. The limits of insurance shall not be deemed a limitation of the
covenants to indemnify and save and hold harmless "City"; and if "Citv" becomes liable for an
amount in excess of the insurance limits. herein provided. "MYB/S. INC." covenants and agrees
to indemnify and save and hold harmless "City" from and all such losses. claims. actions. or
judgments for damages or liability to persons or propertv occurring as a result of attending or
participating in anv organized "MYB/S. INC." event. game or practice. "MYB/S, INC." shall
provide "City" with a certification of insurance. . ."
Their attorney commented that Idaho Code §6-926 prevents a judge from entering a judgment in
excess of the statutory limits. In spite of the statute, I recommend we leave the language as is
and therefore have not changed it.
If you have any questions, please contact me.
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