HomeMy WebLinkAboutMendocino-Lake Community College 2024-01-12 COU No. 2324-148
REVOCABLE PERMITTO USE FACILITY
This Agreement is made and entered on January 12, 2024("Effective Date") in Ukiah, California
between the City of Ukiah, owner of the property ("Owner") and Mendocino-Lake Community College
District ("District").Owner and City may be referred to in this Agreement individually as a "Party"and
collectively as the "Parties."
RECITALS:
1. Owner owns numerous properties ("Property") within Ukiah, CA 95482.
2.The District desires the use of the Ukiah Valley Fire District("UVFD")training tower and facilities at a
Property to be determined for the District's Fire Fighter 1Academy course ("Training').
3. Owner is willing to permit the District to use the Property for the Training.
4.The District will provide the instructors and any other personal property required forthe Training.
AGREEMENT:
In reliance upon the above-recitals and othergood and valuable consideration the receipt and adequacy
of which is hereby acknowledged,the Parties hereby agree as follows.
1. Grant of revocable permit.Ownergrants the District a revocable permit to use the Property for
Training on the terms and conditions as stated below.
2. Length of session.The District shall have access to and the exclusive use of the Property on a
schedule to be submitted to and approved by the UFVD's training officer 7 days in advance of each
proposed Training session. Each session shall last for up to 12 hours.
3. Terms of use. Ownerwill provide District access to the Property on a schedule to be established
and revised by the Parties, but not less often than 35 day(s) per year. Owner shall exclude the public
from access to the Property when District is using the Property pursuant to this Agreement.Training
activities and use of the Property by the Owner and the UVFD shall be prioritized should any scheduling
conflicts arise.All Training activities and use of the Property by the District must be scheduled and
approved in advance by the UVSD's training officer. The District shall be responsible for funding
replacement of flammable materials at the training facilities on the Property, such as plywood and
sheetrock, consumed by fires during Training.
4. Indemnification.The District has inspected the Property and has determined that it is in
suitable condition for the Training. The District acknowledges that the Owner has no obligations
regarding the District's Training activities other than permitting the District to use the Property for the
Training which will be conducted by trainers supplied by the District. The District agrees to indemnify
and defend Owner from and against any claim by trainees or instructors for personal injury or property
loss or damage which arise out of the use of the Property by District pursuant to this Agreement.
5. Insurance. During the term of this Agreement, District shall maintain liability and workers'
compensation coverage under a Memorandum of Coverage with liability coverage limits of$5,000,000
per occurrence and excess coverage through the California Insurance Pool Authority and workers'
compensation coverage as required by state law.
1
6. Repair of damage. District shall be responsible to repair any damage to the Property,training
tower, and facilities arising out of its use under this Agreement, reasonable wear and tear excepted.
7. Termination.This Agreement may be terminated by either party at any time by providing a
written notice of termination.The termination shall be effective on the date of termination contained in
the notice but not more than thirty(30) days from the date notice is given.However, if written notice of
termination is given by either party during an active Training session,termination will not be effective
until the end of the academic term for that Training session.
8. Notices. All notices and any other communications permitted orrequired underthis Agreement
must be in writing and will be effective (a) immediately upon delivery in person or as an email
attachment sent or delivered as provided below or(b) 48 hours after deposit in the United States Mail
with proper first class postage affixed, if the notice is sent to the address provided below:
Owner:
Ukiah Valley Fire Authority, Attention:Chief Doug Hutchison
1500 South State Street
Ukiah, CA 95482
Email: dhutchison@cityofukiah.com
District:
Mendocino-Lake Community College District, Attention: Debra Polak
1000 Hensley Creek Rd
Ukiah, CA 95482
Email: dpolak@mendocino.edu, cc kkeyes@mendocino.edu
Either Party may change the mailing or email address to be used for providing notice by providing
written notice thereof.
8. Entire Agreement.This Agreement supersedes all previous oral and written agreements
between and representation by or on behalf of the parties and constitutes the entire agreement of the
parties with respect to the subject matter hereof.
9. Authority of Signatory. Each party to this Agreement warrants to the other that it has the right
and authority to enter into this Agreement.
11. Execution in Counterparts. This Agreement may be signed in identical counterpart copies,
(including copiessentto a Party by facsimile transmission or as a "pdf"file attached to an electronic mail
transmission)each of which shall be an original, but all of which taken together shall constitute one and
the same agreement.
WHEREFORE,the Parties have entered this Agreement on the Effective Date.
City of Ukiah Mendocino-Lake Community College District
By: By:
------- By' �-----------
Sage Sangiacomo Debra Polak
City Manager Vice President of Academic Affairs
2
City of Ukiah
TJou�-yS��luao�
By:----- -----
Douglas Hutchinson
Fire District Chief
3