HomeMy WebLinkAbout06146 - DOUGLAS EVANS INDEMNITY AGR TO PROVIDE TESTIMONY RE PACIFIC HOSPITALITY GROUP LAWSUIT A ei�c
INDEMNITY AGREEMENT
This INDEMNITY AGREEMENT ("Agreement") is entered into this 29th day of
September 2011, by and between the CITY OF PALM SPRINGS, a California municipal
corporation ("City") and DOUGLAS EVANS, an individual ("Evans").
WHEREAS, Evans is a former employee of the City of Palm Springs and may be called
upon to provide testimony, in connection with the lawsuit entitled Pacific Hospitality Group, a
California Corporation v:Community Redevelopment Agency of the City of Palm Springs, Case
Number INC 082806, in the Superior Court for the State of California, County of Riverside,
Indio Branch("Action").
WHEREAS, the parties, wish to clarify the City's indemnification obligations for the
testimony provided by Evans in connection with the Action.
NOW THEREFORE, in consideration of the promises and covenants contained herein,
the above recitals, and other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged,the parties hereto agree as follows:
1. Indemnity. City agrees to indemnify and defend Evans against, and will hold him
harmless from, all actions, suits, claims, damages, losses, costs, penalties, obligations, errors,
omission or liabilities, (herein"claims or liabilities") that may be asserted or claimed by any
person, firm or entity against Evans arising out of or in connection with: (1) any testimony
provided by Evans' in connection with the Action, including any testimony given in deposition or
during trial of the Action; (2) Evans' involvement in any matters that are the subject of his
testimony in the Action; and (3) any claims or liabilities asserted by Pacific Hospitality Group or
any of its principals, agents, owners, or employees against Evans resulting from his involvement
in the Actions or those matters to which he testifies.
In connection with City's indemnification hereunder, Evans agrees that, promptly after
becoming aware of any threatened or actual claims or liabilities, Evans shall notify City of such
claims or liabilities against Evans within the scope of the indemnity provided herein. Evans shall
immediately upon receipt provide City with true, complete, and correct copies of all such notices
and other documentation related to said claims or liabilities. Notice shall be provided as
indicated in paragraph 4, below.
2. Governing Law. This Agreement shall be governed by and construed in accordance
with the laws of the State of California and the parties agree to submit to the jurisdiction of
California courts.
3. CounteWarts. This Agreement may be executed in any number of counterparts. Each
counterpart hereof shall be deemed to be an original instrument, but all such counterparts
together shall constitute but one agreement.
4. Notices. Any notice, request, demand, instruction or other communication to be given
to any party hereunder shall be in writing delivered by hand, sent prepaid by overnight delivery
service or sent by registered or certified mail, postage prepaid, return receipt requested as
follows:
1
788332.1
ORIGINAL 810
AND/OR AGREEMENT
If to City: City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92263
Attn: John Raymond
Copy to: Douglas C. Holland, Esq.
Woodruff, Spradlin& Smart
701 South Parker Street
Suite 8000
Orange, California 92868-4760
If to Evans: Douglas Evans
68595 Risueno Road
Cathedral City, CA 92234
The addresses or addressees for the purpose of this paragraph may be changed by giving
written notice of such change in the manner herein provided for giving notice. Unless and until
such written notice is received, the last address or addresses as stated by written notice shall be
deemed to continue in effect for all purposes hereunder.
5. Entire Agreement. This Agreement contains the entire understanding among the
parties hereto relating to the transactions contemplated herein.
IN WITNESS WHEREOF the parties have executed this Agreement as of the date first
above written.
"CITY" "DOUGLAS EVANS"
CITY OF PALM SPRINGS, a Munici al DOUGLAS EVANS,
an Individual
David H. Ready, City Ma By: ..-�
APPROVED A TO FORM: Douglas Ev s
By:
Dougl s C. Holland, Attorney for the
City o Palm Springs
2
788332.1