HomeMy WebLinkAboutUkiah Rifle and Pistol Club (Gun Club) 2012-10-15_ _ _ _ _ -_ _
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AGREEMENT BETWEEN CITY OF UKIAH AND UKIAH RIFLE AND PISTOL CLUB
' This Agreement is made and entered in Ukiah, California, on l0 16 2w 2012 ("Effective
Date") between the City of Ukiah ("Cit�/'), a general law municipal corporation, and the Ukiah Rifle and
Pistol Club ("Gun Club"), a California corporation in good standing. City and Gun Club may be referred
� to as "the parties."
For good and valuable consideretion, receipt of which is hereby acknowledged,the parties agree �
as follows. '
1. Citv Use of Gun Club Shootina Ran�es. During the term of this Agreement,on condition that �
the City Fire Department performs as provided in paragraph 2, below,the City police department shall
have the use without charge of the Gun Club's rifle and pistol ranges at 2300 Vichy Springs Rd.,
Mendocino County, California, for firearms practice and mandatory training and certifications under the
following conditions.
a. Up to three peace officers employed by the police department may use the ranges at
the same time without scheduling that use with the Gun Club, provided that use does not interfere with
the use of the ranges by Gun Club members.
b. City employees sign in at the sign-in station upon entry to the property.
c. City shall schedule mandatory training or certification of its peace officers on the Gun
Club calendar.
d. City shall not use the Gun Club outdoor ranges beginning one-half(1/2) hour after
sunset. I
e. City shall not use automatic weapons. I
2. Annual Fuels Reduction Burn. As consideration for the use of the Gun Club shooting ranges, as
set forth in paregraph 1, above,the City Fire Department shall conduct an annual fuels reduction burn
on the Gun Club property without charge to the Gun Club, subject to the terms and conditions as further �
stated below.
a. The Fire Department will coordinate the planning of the annual fuels reduction burn I
with a Fuels Manager, designated by the Gun Club. In scheduling and planning the bum,the parties shall '
consider maximizing training benefits for the Fire Department and the safety of Gun Club members and
the surrounding community. ;
b. Im m�sultation with the Fire Department, the Gun Club shall provide the Fire I
Department with three (3) burn dates each year, consisting of two consecutive days each. The Fire I
Department will select one of the dates for the annual burn.
c The City shall obtain all permits required by law, including any permit required by the I
Mendocino Air Quality Control Board.
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� d. In the event that an annual bum cannot be conducted due to weather or other
conditions, City will use its best efforts to arrange for a crew from Cal Fire to manually reduce fuels
around target areas without charge to the Gun Club.
e.The City's obligation to conduct an annual fuels reduction burn is conditioned on the I
Gun Club complying with the following requirements.
i.The Gun Club will dear fire breaks around the burn area to the satisfaction of i
the Fire Department. I
ii.The Gun Club will conduct post-burn fire patrol of the property to the
satisfaction of the Fire Department.
iii.The Gun Club shall provide lunch each day for the fire personnel participating
in the burn.
iiii.The Gun Club shall be responsible for any possible costs for use of the CalFire j
Fire Crews on the day of the training burn.
3. Term.The term of this agreement shall be three (3) years, commencing on the Effective Date,
but may be extended on the same terms and conditions for extended terms.The term shall be extended
by written notice from one party to the other prior to the expiration of the current term.The notice of
extension shall specify the length of the extended term. The term shall be extended as provided in the
notice, unless within sixty(60)days of its receipt, the other party provides a written notice to the party
seeking to extend the term, dedining the extension. Notwithstanding the foregoing, either party may !
terminate this agreement for cause with thirty (30) days prior written notice or without cause on ninety
(90) days prior written notice to the other party; provided that if the agreement has been in effect for '
six (6) months or more of a calendar year, the City shall have the obligation to comply with paragraph 2
in that year, if the City gives the notice of termination without cause.
4. Indemnification. The City's use of the Gun Club property pursuant to this Agreement,
including the shooting ranges and the portion of the property subject to the annual fuels reduction burn, ,
shall not alter or diminish the Gun Club's obligation under its lease of the Gun Club property to �I
indemnify and defendant the City for any cost, liability, claim or damage arising from the Gun Club's use
of the leased premises, even if the cost, liability, claim or damage is caused or alleged to have been
caused by the negligence of the City or its officers, agents or employees. The Gun Club shall assure the
City that the City's use of the Gun Club property pursuant to this Agreement shall not alter or diminish
the scope of the City's coverage as an additional insured under the Gun Club insurance policy required
by its lease of the property.
5. Miscellaneous.
a. Inte�ration. This agreement supersedes and replaces any previous agreements, I
statements, representations or understandings concerning the City's use of the Gun Club shooting �i
ranges and annual controlled burns on Gun Club property undertaken by the Fire Department.This
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agreement does not replace or supersede the lease of the property to the Gun Club. This agreement
shall not be altered or amended, except by a writing authorized and signed by authorized
representatives of parties.
b. Notice. Whenever written natice is required or permitted under the terms of this
Agreement, it shall be deemed given and received, when received, if delivered personally, by overnight
courier or certified or registered mail, or by fax or email (with acknowledgment of receipt), and 48 hours
after deposit in the United States mail with proper first class postage affixed to the envelop; provided
that notice is delivered to the mailing address, or fax or email address as specified below. I
CITY OF UKIAH GUN CLUB � _ �, ���
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City of Ukiah ZZ��,p ���,-� ���5 zp
Public Safety Director
Uk,�6,.� lJl �L.r
Ukiah Civic Center � �+`�'1boZ--
300 Seminary Ave.
Ukiah, CA. 95482
FAX: �
Email: I
Either party may change an address specified above by written notice to the other party. II
c. Waiver. Any waiver or failure to enforce any provision of this Agreement by either I
party shall not constitute a continuing waiver or waive any other breach of the agreement.
d. SiQnatures.This agreement may be signed in counterparts, duplicate originals or on
faxed or scanned and emailed copies of the agreement and the counterpart signatures, duplicate
originals or electronic copies with signatures shall be treated as originals by the parties and shall each be I
admissible in any administrative or judicial proceedings as evidence of the terms of the agreement as if I
they were the original agreement bearing the original signatures of the parties.
e. Para�raph headin�s. Paragraph headings are included for the convenience of the
parties and shall not alter the meaning of any provision of this agreement.
f.Third partv beneficiaries. No third party beneficiaries are created by this agreement or
are intended by the parties to have any right or standing to enforce its terms.
WHEREFORE,this agreement is entered and binding on the parties as of the Effective Date. �7
CITY OF UKIAH GUN CLUB " /!��
gy: /o �'S 2012
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