HomeMy WebLinkAboutR-1995-111 Fire Training Exercise Agreements•
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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:
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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
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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:
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Name of Owner
Address and Phone Number
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Name of Owner
Address and Phone Number
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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