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8-14-75
RESOLUTION NO. 75- 113
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA ACCEPTING TITLE TO A
SAUNA AND AUTHORIZING THE CITY MANAGER
TO SIGN A SAUNA AGREEMENT WITH THE SANTA
ANA POLICE BENEVOLENT ASSOCIATION
WHEREAS, for therapeutic and health purposes
the general membership of the Santa Ana Police Benevolent Asso-
ciation, hereinafter referred to as PBA, has voted at its
scheduled meeting date of March 28, 1975, to expend money
for the installation of a sauna and necessary equipment for
its functioning to be located in the so-named drying area
of the shower room in the downstairs locker room of the Santa
Ana Police Department; and
WHEREAS, the PBA has recorded in its minutes
of March 28, 1975, and June 5, 1975, the vote of the general
membership to donate the sauna, title thereto, and all other
equipment attached and connected to said sauna, to the City
of Santa Ana.
NOW, THEREFORE BE IT RESOLVED that the City
Council of the City of Santa Ana does hereby authorize the
City Manager to execute, on behalf of the City of Santa Ana,
Agreement entitled "City of Santa Ana and Santa Ana Police
Benevolent Association Sauna Agreement;,, and
BE IT FURTHER RESOLVED that the City of Santa
Ana accepts title to the proposed sauna upon its completion to
the satisfaction of the Chief of Police.
PASSED AND ADOPTED by the City Council of the
City of Santa Ana at its regular meeting held on
the 18th day of A~,~,,~t , 1975.
ATTEST:
FLORENCE I. MALONE
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.:
CITY OF SANTA ANA )
I, FLORENCE I. MALONE, do hereby certify that
I am the Clerk of the Council of the City of Santa Ana; that
the foregoing Resolution was introduced to said Council at
RESOLUTION NO. 75-115
'PAGE TWO
its regular meeting held on the ~ 18th day
of Augu$% , 1975, and was at said meeting passed
and adopted by the following vote, to wit:
AYES: COUNCILMEN: Evans, Bricken,
Garthe, Wa~d
NOES: COUNCILMEN: None
Yamamoto,
ABSENT:
COUNCILMEN: 0rtiz, Brandt
'CLERK OF THE COUNCIL
APPROVED AS TO FORM:
· ~OW, CITY ATTORNEY
CITY OF SANTA ANA AND
SANTA ANA POLICE BENENVOLENT
ASSOCIATION SAUNA AGREEMENT
day of
SANTA ANA, a municipal corporation of California
and the SANTA ANA POLICEBENEVOLENT ASSOCIATION,
association ("PBA"),
THIS AGREEMENT, made and entered into this ~
~_~%~1~-- , 1975, by and between the CITY OF
("CITY"),
a non-profit
Recitals:
WI TNE S SETH
1. PBA desires to make a gift to the City of a sauna
and to install the same in the "drying area" of the shower room
in the downstairs locker room of the City's Police Building.
2. City is willing to accept said gift and to maintain
said sauna thereafter.
WHEREFORE, in consideration of their mutual promises and
subject to the terms and conditions hereinafter contained, the
parties hereto do hereby agree as follows:
A. GIFT OF SAUNA
PBA agrees, at its sole cost and expense, to con-
struct and install a sauna in said portion of City's Police
Building.
Said sauna shall be 6' x 6' x 7' in dimension and
shall be constructed of aspen wood of equal quality inside and
out. The exterior thereof shall be stained blue to coordinate
with the existing decor of said portion of the Police Building.
Said sauna shall be fully equipped with a heater, timer, light,
high-degree sauna clock, two head and back rests and two benches.
Upon completion of such installation, PBA agrees that title
thereto shall vest in City.
B. MAINTENANCE AND OPERATION
Upon satisfactory completion of the installation
of said sauna, City agrees to maintain the same and supply all
42
necessary utilities thereto for so long as the space to be
occupied in said Police Building by said sauna is not required
to be used for other municipal purposes of City. PBA recognizes
and agrees that City may, at some time in the future, require
the space, to be occupied in the meantime by the sauna, for
other municipal purposes, and that the determination to make
such other use of said space is vested solely in City, so that
the determination whether or not to continue the use of the
sauna in those circumstances shall be City's exclusively.
City agrees to provide necessary safety signs and notices,
and waiver forms, and that such public liability insurance as it
may purchase from time to time shall provide coverage for the opera-
tion of said sauna, to the extent that City is reasonably able to
acquire the same.
C. PRIORITY OF THIS AGREEMENT
This Agreement supercedes any and all other agreements
either oral or in writing between the parties, and contains all
the covenants and conditions between the parties with respect to
the construction of said sauna. Each party to this Agreement
acknowledges that no representations, inducements, promises or
agreements, orally or otherwise, have been made by any party,
or anyone acting on behalf of any party, which are not embodied
herein, and that no other agreement shall be effective unless it
be in writing and signed by both City and PBA.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement the day and'year first above written.
APPROVED AS ~
CITY ATTORNEY
CITY OF SANTA ANA, a municipal corporation
of California