HomeMy WebLinkAboutROBERT L. MAYER CORPORATION, INC - HUNTINGTON BEACH INN - 1989-03-06 REQUER FOR CITY COUNCOACTION
Dis'„t; March 2, 1989
Submitted to: Honorable 'Mayor and City Council AlpP tC3VED BY CITY COUNCIL
SubiWitted by: Paul E. Cook, City Administrate
7
Prepared b Raymond C. Picard, Fire Chie
crrYct;�z►;
Subject: AGREEMENT FOR USE OF PRIVATE PROPEftT_ - i I`UhI
Consistent with Council Policy? [g] Yes [ J New Policy or Exception
Statement of Issue, Recommendation,Analysis,Funding Source,Alternative Actions,Attachments:
STATEMENT OF ISSUE:
Tl,e Fire Department wi& es to conduct mining exercises at Building 300 of the t4untinoton
Beach lon, 21112 Pacific Coast Highway, prior to its demolition and that the Robert Mayer
Corporation be released from any liability for inj-jry or damages which may arise from or be
inridem io Zhe use of the subject property.
RECOMMENDt.TION:
That the Mayor and City `,:cundl approve the AGREE-MENT FOK t'SE OF PRIVATE PROPERTY
FOR FIRE TRAINING EXERCISES I32-T`.t'EEN RC?IIEQT MAYFR CORPORATION ATIO AND THE
CITY OF HUNTINGTON BEACH.
ANALYSIS:
The Fire Department has requested permission to ( onduct t aining exercises at the Huntington
Beach Inn property, 211 t2 Pacific Crust Highway, building 300, which will involve c...oppi,ng and
nutting of the inter or�exterlor o" th„ • :,wing;. To use the building, the Robert x May-r
Corporation has asked for a hold harmless agreeme;4t from the City which can oniv be appr�ved
by the City Council. The subject building is scheduled to be demolished can or about March 15;
therefore, requiring immediate action by the City Council.
FUNPING SOURCE:
None required
ALTERNATIVE:
Teo not appro-� the agreement.
ATTACHMENTS
I) Agreemcr}t.
2) demo from Gail Hutton, City Attorney, re: Rc`;ert Mayer C;�rporation Held Harmless
Agreement for Fire Tri.ining.
RC:�1DO/ces
914401 ,
y '
f'10 4184
AGREEMENT FOR USE OF PRIVATE PROPERTY FOR
EYRE TRAINING EXERCISES BETWEEN
ROBERT MAYER CORPORATION AND THE
CITY OF HUNTINGTON BEACH
This Agreement is made and entered into this 15xil- day
of Alecid , 1989, by and between the CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of California, hereinafter
referred to as ("CITY") , and ROBERT MAYER CORPORATION, INC. , a
n
California corporation., hereinafter referred to as ("MAYER") .
WHEREAS, the Fire Department of CITY de-fires to conduct fire
training exercises on private property located at 2112 Pacific Coast-
Highways Huntington Beach Inn', Building 300 which is owned by
MAYER, Said exercises to be conducted on a building on said
address. The building is generally described as being near Pacific
Coast Highway and Huntington Street in CITY. Said. building is
scheduled for demolition in March 1989.
MAYER desires that said building be demolished'.
NOW, THEREFORE, in consideration of the covenants agreements
contained herein, being done and performed by the parties hereto, it
is hereby agreed as follows
MAYER consents to the CITY conducting said fire training
exercises on the property described above and owned by MAYER.
CITY agrees to conduct fire training exercises on said
property prior to its scheduled demolition. CITY shall give
reasonable notice to MAYER prior to commencement of said fire
training exercises
Prior to conducting said exercise, CITY agrees to thoroughly
inspect sand building and the surroundling property to ensure that
�1�
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r
both are in a safe conditian and suitable for fire training
exercises, which will consist of chopping and cutti ,q of both the;
interior and exterior of the building. The. CITY shall obtain all
permits which may be required by any governmental agency.
CITY and MAYER agree to the following mutlial indemnification
and hold harmless clause in connection with the above described fire
training exercises
(a) CITY hereby agrees to protect, defend, indemnify
and hold harmless MAYER, its officers and employees
against any and all liability-, claims, judgments, costs
and, demand arising directly or indirectly from CITY'S
fire department use of the building owned by MAYER,
which is scheduled for demolition, whose addre!<a is
21112 Pacific Coast Highway, Huntington Bearh Inn,
Building 300, and only during the period of fire
training exe3'cises in March 1989, excepting those acts
and omissions which arise out of the active concurrent
negligence, sole negligence, or for the sole willful
misconduct of MAYER.
fib) MAYER hereby agrees to protect, defend, indemnify
and hold harmless CITY, its officers and employees'
against any and all liability, claims, judgments, costs
and demands arising directly or indirectly from CITY'S
fire department use of the building owned .by MAYER,
which is scheduled for demolition, whose address is
21112 Pacific Coast Highway, Huntington Beach Inn,
Building 300, and only during the period of f =re
training exercises in ;March 1989, excepting those acts
and omissions which arise out of the active concurrent
negligence, sole negligence, or for the sole willful
misconduct of CITY,
WhEREFORE, this Agreement is executed by and between the
parties in the City of Huntington Beach, California, on the date
first written above.
REST OF PACE NOT USED
ROBERT MAYER CORPORATION CITY F HUNTINGTON BEACH,
a mun:' ipal corpor Lion_
B y
Authorized fficer of the Mayor- a
corporation ATTEST: 9
Stephen K. Bone
City Clerk
APPROVED AS TO CON_'ENT:
By _ n
Authorized Officer Q;�3'the City Administrator
corporation
APPROVED AS TO FORM:
R
City Attorney ,' �?
APPROVED, INI'TIA.TING DEPART ENT
- Fire Chief
CITY OF HUNTINGTON BEACH
I'lej
INTER-DEPARTMENT COMMUNICATION
HWINGTON BEACH
To RAYMONI). PICARD From GAIL HUTTON
FIRE CHIEF CITY ATTORNEY
ROBERT MAYFR CORPORATION February 25, 1989
Subject HOLD HARMLESS AGREEMENT FOR date
TIRE TRAINING - x
The 1::�tter agreement you sent to our office obtaining a hold
harmless clause for approval as to form cannot be approved for
the kollowing two reasons:
1. The signature of the fire chief with thq ap-proval of
the City Atto`,ney doer :lot bind the City to any
written agreements. An agreement to bind the City to
a liability hold harmless must be approved by the City
Council.
2. The hold harmless clause in your proposed letter will
have the effect of the City holdiny Robert Mayer
Corporation harmless from any liability regardless of
whose fault caused injury or death, even if an
accident was caused by Robert Mayer Corporation or by
third parties.
Attached is a proposed agreement for the City to enter into.
A request for Council action should be prepared by your
department.
The matter is urgent since we are informer. that the building in
question is schedtled .for demolition in the second week
March 1989.
GAIL HUTTON
CITY ATTORNEY
cc: Jim Georges, Deputy City Attorney