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The standard form of such agreements shall be substantially as follows:
[FALLOUT SHELTER AGREEMENT]
WHEREAS, the President of the United States has undertaken for the Nation an accelerated and strengthened Civil Defense Program, including a fallout shelter program; and
WHEREAS, a fallout shelter survey has indicated, that certain areas of the hereinafter described premises will afford persons protection from the hazard of fallout in the event of enemy attack;
NOW, THEREFORE, the undersigned, being the owner of the hereinafter described premises, or the person otherwise authorized to grant such license or privilege, does hereby voluntarily and without compensation, in consideration of the mutual promises expressed herein and in cooperation with the Federal, State and local civil defense programs for measures to protect persons against the threat of fallout radiation from enemy attack, grant to the Federal Government, the State of California and the political subdivision of the City of Los Angeles and to the general public for use in accordance with Civil Defense shelter plans, the following license or privilege:
1. (a) Use of the basements, corridors, other common areas of the building or structure situated at _________________ and known as _____________ as well as any other common use parts of the said building or structure which the Federal Government and the political subdivision shall determine appropriate, including without limitation the rights to the public of ingress to and egress from the premises for the sole purpose of temporarily sheltering persons during and after any and every actual or impending attack.
(b) Further, the right to designate the said building or structure as a civil defense shelter, and to affix thereto, and maintain thereon, at no expense to the Grantor, such civil defense shelter and other signs as are determined appropriate so long as there is no interference with the usual use of the premises for the carrying on of business therein.
2. The Federal Government, said State and said political subdivision may place and maintain on the premises such appropriate shelter equipment and stocks as may be determined necessary, estimated to require approximately one (1) cubic foot per person of the shelter capacity; and it is expressly understood that the Grantor shall have no responsibility or liability for the care, protection or maintenance of the shelter stocks willful damage or bad faith excepted. The shelter stocks and equipment placed in the licensed or privileged area are to be cared for and maintained by said political subdivision at no expense to the Grantor.
3. The Grantor agrees that, during such reasonable periods as the premises are open for business, the political subdivision and the Federal Government, their authorized officers agents or representatives, shall have the right to inspect the premises, including any equipment and supplies stored thereon, so long as this license or privilege is in effect.
This license or privilege is granted on the express condition that it shall be valid and binding upon the heirs, assigns or successors in interest of any nature whatsoever, this license or privilege may be revoked by ninety (90) days written notice to the political subdivision and the Federal Government, sent by registered mail.
Signed, sealed and delivered this ________day of __________, 19___
WITNESSES:
____________________________________
____________________________________
____________________________________
(Grantor(s)) (SEAL)
The acceptance and approval of the above license or privilege is authorized by the political subdivision of ___________________________________________ _____
Standard Location Code___________
Facility Number__________
___________________________________
(Official Title)
SECTION HISTORY
Based on Ord. No. 121,359.
It is hereby found and declared that it is necessary in order to properly develop disaster preparations and enable the Director of Civil Defense to carry out the duties imposed upon the Director of Civil Defense by law, and in order to organize, train and maintain an efficient civil defense organization, to establish throughout the City, civil defense communication and control centers and to obtain adequate storage facilities for civil defense supplies and equipment, and in order to do so the use of real properties is essential for the purpose of installing radio transmitting and receiving equipment therein and to store medical supplies, radiological trailers and other civil defense supplies and equipment in said properties. That towards this end it will be necessary for the City to enter into many individual agreements with property owners. In order to avoid a multiplicity of separate requests to this Council for approval of such agreement, it is deemed to be to the best interest of the City that a standard form of agreement, as hereinafter set forth, be used.
SECTION HISTORY
Based on Ord. No. 107,050.
The Board of Public Works of the City of Los Angeles is hereby authorized to execute for and on behalf of the City such agreements with owners of real property as are necessary for the proper operation of Civil Defense Communication Centers, Control Centers, and related civil defense activities and for storage purposes for the storage of civil defense supplies and equipment. Said Board shall also be responsible for the negotiation of said proposed agreements and all agreements so negotiated by said Board shall be subject to the approval of the Director of Civil Defense prior to being executed. Such agreements shall provide for the use and occupation of the premises therein described for the purpose or purposes therein referred to without payment of rental for such use and occupation; and further, that the City indemnifies the owner against any claims for damages arising from the use and occupation of said premises, provided the owner shall give the City written notice thereof and the City shall have the right to defend any action brought against the owner without cost to the owner. Such agreements shall, before becoming effective, be approved as to form by the City Attorney.
SECTION HISTORY
Based on Ord. No. 107,050.
The standard form of such agreement shall be substantially as follows, it being understood that the purposes set forth in Paragraph 1 may be limited to the uses required:
[CIVIL DEFENSE COMMUNICATION AND CONTROL CENTER AGREEMENT]
AGREEMENT
THIS AGREEMENT, made this ____ day of _______, 19____, by and between the City of Los Angeles, a municipal corporation, hereinafter referred to as ‘City,’ and _____________________________ hereinafter referred to as ‘owner,’ for the use and occupancy of the hereinafter described property as hereinafter provided,
WITNESSETH
WHEREAS,______________________________is the owner of premises located at _________________________; and
WHEREAS, the City desires to use and occupy said property or such portion thereof as is hereinafter described and the owner is willing to allow the use of said property for either or all of the purposes herein mentioned.
NOW THEREFORE, in consideration of the mutual covenants and agreements contained herein, it is hereby mutually agreed that:
1. The owner hereby grants the City the use and occupancy of the following described portions of owner’s property located at____________________
___________________________________
Street and Number
(description of property and areas to be set aside for the use of the City), for either or all of the following purposes:
(a) Use of said premises as a Civil Defense Communication Center;
(b) Use of said premises as a Civil Defense Control Center and related civil defense activities;
(c) Use of said premises for storage of medical supplies, radiological trailers, or other civil defense supplies or equipment.
The owner further grants the City permission to install a radio transmitter and receiver, including antennas, in and upon said premises which shall operate from the following frequencies: ______________________.
2. All civil defense supplies or equipment stored in or installed upon said premises shall be deemed for the purpose of this agreement at all times to be the property of the City, whether purchased or acquired by it at its sole cost and expense or furnished or loaned to it by the State of California or other governmental agency for civil defense purposes and the City shall pay all costs of installation, maintenance and operation of any such equipment or supplies.
3. The City, and such authorized representatives as it may designate to maintain and operate said civil defense equipment installed or stored upon said premises, shall at all times have free and unrestricted access into and out of said premises for the purpose of maintaining and operating the same.
4. Any civil defense equipment or supplies installed or stored by the City upon the premises above-mentioned shall be used exclusively for mutual aid and civil defense during disaster periods and during authorized test and drill periods.
5. No person, not specifically authorized by the City, shall be permitted access to said premises, either to operate or maintain said civil defense equipment or for any other purpose.
6. Any radio receiving and transmitting equipment installed upon the above-described premises shall be maintained and operated by and under the exclusive control of the Director of Civil Defense of the City of Los Angeles and then only by duly licensed and authorized civil defense radio operators in accordance with the rules and regulations of the Federal Communications Commissions.
7. This agreement shall be for a term of five (5) years commencing ________, 19___, subject, however, to termination by either party thereto upon thirty (30) days’ notice in writing. Notice of termination shall be given by registered mail ad-dressed to the parties hereto as follows:
To the City of Los Angeles:
Director of Civil Defense, City of Los Angeles
___________________, City Hall
Los Angeles, California, 90012
To the Owner:
______________________________________
(Name)
______________________________________
(Street Address)
______________________________________
(City)
8. It is understood and agreed by the owner that this agreement constitutes a granting of permission to the City of Los Angeles to use and occupy the premises hereinabove described without payment of rental for such use and occupation of said premises for said civil defense purposes.
9. The City hereby agrees to indemnify and save harmless the owner against any and all claims for damages to any person or persons, or to the property of any person or persons, including any employee or civil defense worker of the City during the term of said agreement, providing the owner notifies the City forthwith, in writing of any such claim or service of process upon the owner. Whereupon the City shall have the right to defend any action or proceeding brought against the owner, without cost, however, to the owner.
IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first hereinabove written in the City of Los Angeles, California.
THE CITY OF LOS ANGELES,
By ______________________________________
_________________________________________
(Board of Public Works)
_________________________________________
(Owner)
SECTION HISTORY
Based on Ord. No. 107,050.