The URL can be used to link to this page

Home My WebLink About2016 CON VP Real Estate Investments - Fire and Police Training 711 Palm AvenueAGREEMENT AND RELEASE BY AND BETWEEN THE CITY OF NATIONAL CITY And VP REAL ESTATE INVESTMENTS, INC. THIS AGREEMENT is entered into this XX day of March, 2016, by and between the CITY OF NATIONAL CITY, a municipal corporation ("CITY"), and VP REAL ESTATE INVESTMENTS, INC., ("CORPORATION"), collectively referred to as the "PARTIES". RECITALS WHEREAS, the City of National City Police Department and National City Fire Department desire to participate in SWAT training, K-9 training, and Fire Training ("Training Operations") in the vacant buildings located at 711 Palm Avenue, City of National City ("the PROPERTY") for the purpose of their effective operations. WHEREAS, the PROPERTY is owned by CORPORATION according to San Diego County Recorder Grant Deed Document 611208, recorded November 25, 2015. WHEREAS, the CITY has discussed with Anh Pham, Corporate an Officer of the CORPORATION, the possibility of using the vacant buildings at the PROPERTY to perform such training operations and training maneuvers at the PROPERTY. WHEREAS, the CORPORATION has or is in the process of obtaining demolition permits to demolish all of the buildings located on the PROPERTY. WHEREAS, Chief Executive Officer Chau Vo of CORPORATION is legally able and authorized to allow the CITY to use the PROPERTY for Training Operations and execute this Agreement on behalf of the CORPORATION, owner of the buildings at the PROPERTY. (City policy — signatures of two corporate officers required) NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. The CORPORATION hereby agrees to allow the National City Police Department and the National City Fire Department to use the vacant buildings at the PROPERTY, free of charge, for Training Operations at the PROPERTY. 2. The CITY agrees to be responsible for all Training Operations at the Property and any consequential injury or damage to persons while such Training Operations occur at the PROPERTY, except for negligence in the execution of paragraph three herein. The CITY agrees to schedule All Training Operations with the CORPORATION at their convenience. 3. The CORPORATION shall disclose any known dangerous or hazardous conditions on or off the PROPERTY. 4. The CORPORATION understands the Training Operations will be breaching training where doors, windows, and other portions of the buildings will be damaged, thus leaving the buildings unsecured. The CORPORATION shall demolish the building with the required City permits within 48 hours of the Training Operations to prevent a nuisance, dangerous, unsafe condition at the PROPERTY and prevent an eyesore in the community.. 4. INDEMNIFICATION AND HOLD HARMLESS BY THE CORPORATION. The CORPORATION acknowledges and agrees that Training Operations are a hazardous activity and hereby agrees to assume all risk of damage, liability, or loss to any personal or real property, and agrees to hold CITY free and harmless from any and all damage to any personal or real property as a result of the Training Operations, whether caused by negligent act or omission of CITY or otherwise. The CORPORATION agrees to indemnify, hold harmless, and release from liability the CITY, its agents and employees, against and from any and all liability, loss, or damage to property, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, expert and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the negligence of the CORPORATION or its agents or resulting from or arising out of the training operations, except for the sole negligence or willful misconduct by the CITY and except as provided in paragraph 2. 5. SIGNATURE AUTHORITY. The undersigned represent that they are authorized to sign this Agreement, to bind the parties herein to this Agreement. 6. MISCELLANEOUS PROVISIONS. A. Jurisdiction. Jurisdiction over any dispute or liability claims arising related to the canine, its handler, their agents, or the PARTIES herein is San Diego County Superior Court. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the PARTIES hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to Agreement and Release 2 City of National City and PD & Fire Training at 711 Palm Avenue VP Real Estate Investments, Inc. confer any rights upon, or obligate any of the PARTIES hereto, to any person or entity other than the PARTIES hereto. E. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the PARTIES hereto. F. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. G. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. H. Entire Agreement. This Agreement supersedes any prior agree- ments, negotiations and communications, oral or written, and contains the entire agreement between the PARTIES as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent, or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. I. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the PARTIES hereto. J. Construction. The PARTIES acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the PARTIES hereto have executed this Agreement on the date and year first above written. [Signature Page to Follow] Agreement and Release 3 City of National City and PD & Fire Training at 711 Palm Avenue VP Real Estate Investments, Inc. CITY OF NATIONAL CITY Leslie Deese City Manager AP VED AS TO FO CIa'*' : Gacitua ►. ilva City Attorney VP REAL ESTATE INVESTMENTS, INC. Chau Vo Title Awk PGum Name VIA s(Avht_i kjL Title Date: 3 ( t 1,0 Date: Date: ` / C41.2,1) tco Agreement and Release PD & Fire Training at 711 Palm Avenue 4 ,d VP Real Estate Investments, Inc. CITY OF NATIONAL CITY Office of the City Clerk 1243 National City Blvd., National City, California 91950 619-336-4228 phone / 619-336-4229 fax Michael R. Dalla, CMC - City Clerk VP REAL ESTATE INVESTMENTS, INC. Fire & Police Training Operations 711 Palm Avenue Bridget Gregory (Police Dept.) Forwarded Copy of Agreement to VP Real Estate Investments