Loading...
HomeMy WebLinkAboutR-1995-111 Fire Training Exercise Agreements• • • RESOLUTION NO. R-95- 111 A RESOLUTION authorizing and directing the City Manager and the City Clerk of the City of Yakima to execute Fire Training Exercise Agreements. WHEREAS, the Yakima Fire Department requires continued training in order to sharpen fire fighting and rescue skills, and WHEREAS, certain owners of real property who intend to remove or destroy structures located on their property are willing to allow the Yakima Fire Department to Utilize those structures for training exercises. and WHEREAS, the contemplated training can not reasonably be accomplished without destruction of said properties, and WHEREAS, structures will not be burned during the course of these exercises, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and City Clerk are hereby authorized and directed to execute on the terms and conditions contained in the attached and incorporated Fire Training Exercise Agreement, agreements with those parties who consent to their property being used for Fire Department Training Exercises PROVIDED that no such agreements shall be entered into which contemplate any burning whatsoever, AND FURTHER PROVIDED that this grant of authority shall expire the ninety days from adoption of this resolution ADOPTED BY THE CITY COUNCIL, this 2 da of , 1995 K_4"„ee__ _ Mayor ATTEST FIRE TRAINING EXERCISE AGREEMENT 1. The City of Yakima, Washington desires to conduct training exercises commencing 2:00 p.m. on August 10, 1995 and ending 5:00 p.m. on August 11, 1995 (the "training period") for its fire/police department personnel on the property located at the following address: 24 South 2nd Street, 26 South 2nd Street, and 30 South 2nd Street, Yakima, Washington. 2. The above -referenced property is owned by: Yakima Federal Savings & Loan, 118 East Yakima Avenue, Yakima, Washington and the buildings are owned by F & M Construction, 215 Keys Road, Yakima, Washington, (hereinafter referred to as the "Owner.") 3. The training exercise will result in the damage or destruction, by sawing or other means, of houses, structures, dwellings, garages, barns, buildings and other property located at the above -referenced property and described specifically as: (for example, a house; a garage, a barn, etc.) 1. Three (3) abandoned business buildings 4. The undersigned Owner hereby grants to the City of Yakima the right to destroy, demolish, or in any other manner alter the physical condition of the above -describe property listed in paragraphs I and III, above, and in exchange receives the benefit of having said property destroyed, demolished and/or altered. No monetary payment or exchange will be made by either party to the other party. Owner grants to the City the right to exclude third parties from the property during the training period. 5. Each party to this agreement hereby releases the other from any and all liability for injury or damage or other claim of any nature which may result from the condition of the property prior to the anticipated training exercise, its use for the contemplated training exercise, or the condition of the property upon or after the vacancy of the property by City of Yakima personnel. 6. As to third parties, the City of Yakima agrees to defend and indemnify the Owner against claims, lawsuits, judgments or any other liability whatsoever arising from the City's occupancy or use of the above -referenced property during the training exercise and while the City of Yakima's personnel actually occupy the above -referenced property. Nothing in this agreement contemplates extending liability or claims to a third party based on or arising from the condition of the above -referenced property prior to the commencement of the training exercise or after the City of Yakima personnel complete the training exercise. 7. Owner represents and warrants to the City of Yakima that the following are true and correct: Page 1 of 3 ,,.,.gr,tIz. «a .m A. There are no hazardous substances present on or under the property; and B. Any hazardous substances that may have been released or present on or under the property have been properly treated, cleaned up, removed, and disposed of in compliance with all federal, state, and local environmental statutes, regulations, and ordinances; and C. Owner shall at all times retain any and all liabilities arising from the presence, release, handling, treatment, storage, transportation, or disposal of hazardous substances on or from the property by any person. 8. Special Remarks/Conditions: 9. The Owner understands and agrees that at the conclusion of the training exercise, the City of Yakima is not obligated to remove, collect or move debris remaining on the above -referenced property nor otherwise clean up the property before, during and/or after the training exercise; and the Owner agrees to assume the responsibility for removing any and all hazards and/or nuisances remaining on such property and to otherwise remove any debris and clean up the property promptly upon the conclusion of the training exercise. 10. Either the City of Yakima or the Owner may cancel this agreement upon providing written notice to the other party to this agreement. Written notice must be at a minimum given to the address(es) listed below and be provided prior to the commencement date for the training exercise reflected in paragraph I, above. DATED this /l day of A1-1'EST: CiT? CTNO• 95"7 R 9.3-i'/ Page 2 of 3 ,L,,.qr,«r, tralnim.ab 4¢ v US l , 1995. CITY OF YAKIMA By 401 North Front Street, Yakima, WA (509)575-6060 Address & Phone Number for Giving Notice ADDRESS AND PHONE FOR GG NOTICE: 4 of // 9 — 9CA--yyL-4 ( • ..(1/ Name of Owner Address and Phone Number Say - • a 3 / Nr?2(2f. of 3 /24 9f7 Name of Owner Address and Phone Number 75o 9 (5(xF-zxx/y f 1'EM Ti"1'LE: SUBMITTED BY: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting Of: 08/08/95 Resolution Authorizing Fire Department Training using Privately Owned Structures K. Alan Chronister, Fire Chief Mike Meyer, Battalion Chief ,-/t, CONTACT PERSON/'1ELEPHONE: Mike Meyer, Battalion Chief/575-6141 SUMMARY EXPLANATION: The Fire Department is offered opportunities to use privately owned structures for training purposes. This resolution would allow the City Manager and City Clerk to execute Fire Training Exercise Agreements with the property owners. Often times the opportunity window is very narrow. This resolution would enable the Fire Department Training Division to access the training during that window period. Resolution X Ordinance Contract Other (Specify) Funding Source: APPROVED FOR SUBMI1"1 AL: (Ci ager STAFF RECOMMENDATION: Approval to allow for timely access to unscheduled training opportunities. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution No. R-95-111