HomeMy WebLinkAboutC-2911 - Idemnity and Hold Harmless Agreement (Fire Department Training on Banning Ranch)CITY OF NEWPORT BEACH
INDEMNITY AND HOLD HARMLESS AGREEMENT
THIS AGREEMENT, made and entered into on September 16, 1996, by and
between the City of Newport Beach, a municipal corporation ( "City ") and West Newport
Oil Company, 1080 West 17th Street, Costa Mesa, California 92627 ( "WNOC ").
RECITALS
A. The Newport Beach Fire and Marine Department ( "Agency ") and Central Net
Joint Powers Training Authority ( "Agency ") desire to conduct training on the Newport
Banning Ranch, Orange County, California ( "Property "). Both Agencies will be on -site
for training.
B. WNOC operates the Property on behalf of the owners, Mobil Oil Corporation
and Rancho Santiago Partnership, hereinafter referred to as ( "Owners ").
C. WNOC, subject to and in accordance with this Agreement, is willing to allow
City to utilize the Property for training exercises.
NOW, THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, it is agreed as follows:
1. WNOC grants City permission to enter upon and use the Property on October
19, 1996, between the hours of 7:00 a.m. and 4:30 p.m. to conduct the training at such
places as are agreed to by WNOC. City acknowledges that the Property is an active
producing oil field and agrees that City's training shall not interfere with WNOC's oil
field operations.
2. City shall defend, indemnify and hold WNOC, Rancho Santiago Partnership
and Mobil Oil Corporation, and their subsidiaries and affiliates, harmless from and
against any and all losses, expenses, liens, claims, demands and causes of action of
every kind and character (including those of the parties hereto, their agents and
employees) for death, personal injury, property damage or any other liability damages,
fines or penalties (except where reimbursement of fines and penalties is prohibited by
applicable law) including costs, attorneys' fees and settlements, resulting from any act
performed by, or omission on the part of, City, its servants, employees, invitees or
licensees, arising out of or in connection with City's entering upon and use of the
Property for training by the Newport Beach Fire and Marine Department.
3. City shall obtain all permits, if any, required to use the Property to conduct its
training.
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the day and year first herein above written.
APPROVED AS TO FORM:
:,La
City Attorney
ATTEST:
City Clerk
CITY
CITY OF NEWPORT BEACH, a municipal
corporation
By_
�i WNOC
WEST NEWPORT OIL COMPANY, a California
corporation
Mg- President