03-03-26 City Council Meeting Packet

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LA515\1\1067712.v4 District grants to the City the use of the Properties on the day of each training activity for preparation, conducting the training exercise, post-training briefing, and related activities such as preliminary and follow-up inspections. 9. Site Map and Current Conditions. The Parties shall collaborate to create a site map and describe all current conditions for the Properties. The site map should describe the property and structure(s) as well as other points of interest for the Parties, including but not limited to, surrounding roads and accesses, utility lines, hazards, and planned fire set locations. A sample site map form is included as Exhibit B. 10. Notification Responsibilities. The City shall be solely responsible for providing preliminary notification to the public, electric, gas, and water utilities, and the media about the training activities that will be occurring on the Properties. The City will also be solely responsible for providing specific notification to the public, electric, gas, and water utilities, and the media regarding the day of the final burn on 2764 Legion Avenue N. and 2814 Legion Avenue N. 11. Waiver of Trespass. The District expressly waives any claim of trespass against the City for entry onto the Properties for the purpose of conducting training exercises and related activities on the Properties. 12. Liability and Indemnification. The City agrees to indemnify, defend and hold harmless the District, its officials, employees, contractors and agents from and against any and all causes of action, claims, demands, judgments, losses, damages or expenses of whatever kind or nature (including, but not limited to, litigation costs, attorneys’ fees and court costs) incurred by the District, because of bodily injury or death sustained by any person or damage that arises out of the City’s activities in conjunction with this Agreement. The parties agree that the site(s) where a training activity has occurred will be more dangerous than prior to the training activity due to the debris and potentially unstable building remains. The City’s liability provisions in this paragraph shall extend until the District has removed all debris from a Property following completion of the training exercise as required by paragraph 13 of this Agreement. The District agrees to indemnify, defend and hold harmless the City, its officials, employees, contractors and agents from and against any and all causes of action, claims, demands, judgments, losses, damages or expenses of whatever kind or nature (including, but not limited to, litigation costs, attorneys’ fees and court costs) incurred by the District arising out of the lack of the District’s authority to have the structures destroyed or the District’s lack of clear title to the buildings or Properties as well as because of property damage arising out of and incident to the City’s activities on the Properties and the District or any of the District’s invitees’ activities on the Properties. 13. Clean Up and Site Restoration. The District shall be solely responsible for removing all debris from a Property following completion of the training exercises, regardless of the condition of the Property or the buildings on the Property following completion of the training exercises upon that Property. The City shall notify the District in writing when the training exercises are completed on an individual Property and the District shall have 30 days from the date of that notice to complete the removal of all debris and remnants of the buildings and to ba ckfill any basements with onsite soils so that the condition of the Property is in full compliance with the City Code. All debris and materials removed by the District must be disposed of in accordance