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.