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HomeMy WebLinkAboutCarlsbad Unified School District; 2015-06-17;AGREEMENT BETWEEN CITY OF CARLSBAD AND CARLSBAD UNIFIED SCHOOL DISTRICT FOR LIVE-FIRE TRAINING EXERCISE AT 3796 VALLEY STREET CARSLBAD, CA 92008 THIS AGREEMENT is made and entered into as of the 17* day of June, 2015, by and between the CITY OF CARLSBAD (hereinafter referred to as "City") and Carlsbad Unified School District (CUSD), (hereinafter referred to as "Owner"). RECITALS WHEREAS, the Owner is the sole legal owner of a certain real property located at 3796 Valley Street ("Property") in the City of Cadsbad, CA; and WHEREAS the Property has a vacant residence upon the property that is slated for destruction; and WHEREAS, the Owner has contacted the City of Cadsbad Fire Department ("Fire Department") and has offered the Fire Department the opportunity to use vacant residence located at 3796 Valley Street, Carlsbad, CA 92008, for training purposes; and WHEREAS, the Fire Department wishes to use the Property on July 1*' - August 14*, 2015, to conduct a live-fire safety training exercise, and WHEREAS, the Fire Department will also be on site on June 22"" to prepare the Property and structure for the training exercise; and WHEREAS, the Fire Department will notify all surrounding neighbors of the training exercise as it is the policy of the department to ensure that neighbors are aware that training exercises will occur so that they do not perceive any actual threat; and WHEREAS, the Owner has the legal authority to bind said Owner to this agreement and to grant the permissions herein; and WHEREAS, the Owner represents that there are no liens on the Property that are secured by the structure to be burned or otherwise damaged by the Fire Department; and WHEREAS, the Owner represents that there is not nor will be any fire insurance coverage for the Property of for any structure(s) or personal property remaining on the Property that will be burned by the Fire Department in furtherance of this agreement; and NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein. City and Owner agree as follows: 1. The above Recitals are true and are hereby incorporated herein by this reference. 2. The City is self-insured and intends that no claim shall arise against Owner from any personal injury or damage to property as a result of the use of the Property for training purposes (excepting the obvious destruction ofthe residence structure, contents (e.g. fixtures, windows, window coverings, etc. that are wither remaining in the structure or are removed by fire personnel from the structure before the exercise), and surrounding areas, including without limitation, plants, vegetation and grass. Accordingly, the City shall indemnify, defend and hold the Owner harmless from and against any and all claims, causes of action, damages, liabilities and other losses directly arising out of or in any way directly related to, the use of the Property in connection with such Fire Department exercise training. The Fire Department in preparation for the training exercise may bring on the Property and place inside the structure Class-A combustible materials to burn. The city shall be responsible for the clean-up and removal of any materials that is brings on to the Property in connection with the training exercise. 4. Subject to Section 3 above, the City, its' officers, elected officials, employees and agents shall not be held responsible for any materials removed from the premises nor will the City be responsible for any clean-up or damage to any plant, animal, human, environment or other properties before or after the completion ofthe training exercise. 5. The individuals executing this Agreement each represent and warrant that they have the legal power, right and actual authority to bind their/its respective party to the terms and conditions of this agreement. The parties agree that this agreement may be executed in parts where the sum of the parts equals a whole and that photocopy or facsimile signature shall be deemed an original. OWNERS CITY OF CARLSBAD, a municipal California "ine O'Conn Deputy^dperintendent, CUSD (print name/title) ATTEST: By: (sign here) BARBARA Ell City Clerk LESON (print name/title) CITY OF CARLSBAD, a municipal corporation ofthe State of California APRROVED^TJZ) FORM: Celia A.Brm/)sr, jSity Ajtoprfey BY^ ^'