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Home My WebLink AboutMINUTES - 10142008 - C.9 TO: BOARD OF SUPERVISORS ' °� Contra FROM: Keith B. Richter, Fire Chief ' Costa of nfilffi ,. ,$ Contra Costa County Fire Protection District , County CO`S1q ' � DATE: October 14, 2008 COON'S SUBJECT: Delegation of Authority to Fire Chief or Designee to Execute a Revised License Agreement Authorizing Use of Structures for Fire Training Purposes SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: AUTHORIZE the Fire Chief or designee, the Contra Costa County Fire Protection District, on behalf of the Board of Supervisors, to execute the attached License Agreement For Use of Property form with property owners who have offered the Fire District the use of their property and structures for fire suppression and safety training purposes, without charge to the District,before the structures are demolished. FISCAL IMPACT: Authorizing the Fire Chief to execute these agreements on behalf of the Board allows for reduction in the time and cost of processing these agreements. The use under each agreement will be without charge to the District. BACKGROUND/REASONS FOR RECOMMENDATION: The Fire District frequently receives offers from individuals and entities who are willing to give the Fire District permission to enter and use their property and structures for fire suppression and safety training purposes before they demolish their structures. The structures are generally single-family dwellings or small commercial buildings. The Fire District conducts dynamic access, suppression, evacuation, and other training exercises in and near these structures to maintain and improve employee emergency response knowledge and skills. Property owners often make their offers to the Fire District only a short time before demolition is scheduled to occur. There is often not sufficient time for the Fire District to receive authorization from the Board of Supervisors to enter into an individual agreement with a property owner before a scheduled demolition occurs. License agreements authorize the use of property for a periodic, occasional or short-term purpose. They do not transfer any property rights to the licensee. The attached license agreement grants the Fire District an exclusive license to enter and use property and specified structuresthe property for training purposes. CONTINUED ON ATTACHMENT: WES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR M-TURECOMMENDATION OF BOARD COMMITTEE 13E APPROVE ❑ OTHER SIGNATURE(S): AVCJION OF BO R ON AV APPROVED AS RECOMMENDED ❑ OTHER VOTE OF SUPERVISORS: I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND UNANIMOUS (ABSENT y 1 ENTERED ON THE :MINUTES OF THE BOARD OF AYES: NOES: SUPERVISORS ON THE DATE SHOWN. ABSENT: ABSTAIN: ATTESTED: Contact: Asst, Chief John Ross, 925-941-3502 DAVID TWA, CLERK OF THE BOARD OF cc: CAS Mike George SUPERVISORS AND COUNTY ADMINISTRATOR County Counsel By: Deputy S� Page 2 Each license will last for a specified term, usually no more than three days, which is negotiated between the Fire District and property owner. The license agreement gives the Fire District the right to damage, tear down and destroy structures, including the right to break windows, damage and remove roof paneling, and damage and remove walls. The Fire District may or may not have the right to set fire to and burn structures. This is negotiated between the Fire District and property owner. On March 1, 2005, your Board authorized the Fire Chief to execute the current version of the license agreement. However, experience has shown a number of property owners will not sign the current version due to the language in the "Release and Indemnity" section. County Counsel has amended this language; the revised license agreement contains County Counsel's changes. Hopefully, the revised agreement will be more acceptable to property owners and result in more instances where the District can use such property for fire training purposes. CONSEQUENCE OF NEGATIVE ACTION: If this request for the Fire Chief to execute license agreements is not approved, the Fire District may miss opportunities to provide Fire District personnel with useful training exercises. LICENSE AGREEMENT FOR USE OF PROPERTY This License Agreement is made and entered into as of , by and between ("Licensor') and the Contra Costa County Fire Protection District("District"). RECITALS A. Licensor owns certain property("Property")located at: (Street Address) (City, State) (Assessors Parcel Number) B. The Property includes structure(s)("Structure(s)'). The Structure(s)are described as follows: C. The District wishes to use the Property and Structure(s)for fire suppression and safety training purposes before Licensor removes the Structure(s)from the Property. NOW,THEREFORE, in consideration of the mutual promises and undertakings set forth in this License Agreement,Licensor and District agree as follows: 1. Grant of License. Licensor grants to District an exclusive license to enter and use the Property and the Structure(s)for fire suppression and safety training purposes. This license may be terminated at any time by Licensor or District upon three days prior written notice. District shall acquire no interest or estate in the Property under this license. 2. Term of License. The term of this license begins on and expires on . District shall have the right to use the Property and the Structure(s)between the hours of and each day. 3. Use of Property and Structure(s). District shall have the right to damage,tear down and destroy the Structure(s), including the right to break windows, damage and remove roof paneling, and damage and remove walls. District's right to damage,tear down and destroy the Structure(s)shall/shall not(cross out inapplicable language)include the right to set fire to and bum the Structure(s). District shall have the right to run hoses throughout the Property and spray water and other fire suppression substances on the Property and Structure(s). District shall not be responsible for cleaning or removing any rubbish, ash,soot, glass, former parts of the Structure(s), or any other substance, object, or material left on the Property upon the termination of this license. District's right to Page 1 of 2 damage,tear down and destroy the Structure(s) does not include the right to salvage or remove any building materials from the Property. District shall have the right but not the obligation to preclude all others,including Licensor, from entering the Property during District's term of use. 4. Release and Indemnity. a. Licensor shall not be liable for any loss, damage,injury or death to the Property or the Structure(s), or to any District officers, employees, or agents,directly caused by District's negligent use of the Property and the Structure(s) during the term of this license. District shall indemnify,protect and hold harmless Licensor from all claims,costs and liability for any loss,damage,injury or death to the.Property or the Structure(s), or to any District officers,employees, or agents, directly caused by District's negligent use of the Property and the Structure(s)during the term of this license, except for any claim, demand, expense or liability arising from the negligent or intentional conduct of Licensor or its agents or representatives. b. This release and indemnity shall be effective only at the Property and only during the term of this license. District shall not be liable for any loss, damage,injury or death to any persons or property occurring after the term of this license has ended. 5. Assignment. District shall not assign District's rights under this License Agreement. 6. Entire Agreement. This License Agreement contains the entire agreement between the parties and all prior understandings or agreements,oral or written,regarding this matter are superseded. This.License Agreement shall not be modified except by written mutual agreement signed by the parties. LICENSOR: DISTRICT: By: By: (Signature) (Signature) (Print Name) • (Print Name) Form approved by County Counsel July 18,2008 Page 2 of 2