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HomeMy WebLinkAbout20110104142557Grant of Privilege to Enter Real Proper and Conduct Non -Destructive Training Exercises Therein In consideration of the benefit of improved public safety through training described herein, I(we), the undersigned, City of Auburn (The CITY), hereby give and grant unto the Valley Regional Fire Authority (VRFA) the right and privilege to enter upon and demolish/destroy non-structural building components and/or alter Crites Huff Block (Old White Knight Bldng.) owned by me(us), and located on or at: NE corner of 1" St. SW and Division St. for the purpose of using my(our) property, including the structure(s) thereon as part of the training. Hold Harmless and Indemnification. The VRFA shall defend, indemnify and hold harmless the CITY, its officers, officials, employees and volunteers from and against any and all claims, suits, actions, or liabilities for injury or death of any person, or for loss or damage to property, which arises out of the use of Premises or from any activity, work or thing done, permitted, or suffered by User in or about the Premises, except only such injury or damage as shall have been occasioned by the sole negligence of the CITY. It is further specifically and expressly understood that the indemnification provided herein constitutes the VRFA's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. I (We) further agree to hold harmless the Valley Regional Fire Authority, its Officers, Members, Employees, Agents or volunteers from any and all claims for damage to said Tavern(s) property or any part thereof, any contents therein. I (We) understand that the Valley Regional Fire Authority will use said structure(s)/property as a part of its training program, and that any and all training exercises will benefit the Valley Regional Fire Authority and public safety. I (We) further acknowledge that no insurance is in force and that no insurance claims will be filed over the demolition/destroying or alteration of said structure(s)/property. And I (we) hereby covenant with the grantee that I(we) am(are) the lawful owner(s) of said structure(s)/property; that it is free from all encumbrances.. Restrictions of use and or destruction are as follows: Structural integrity is to remain intact including the roof structure. Dates of Use: Firefighters of the VRFA may use the above listed buildings from:.April 2009 until December, 2009 Dated this G day of '.' , 2009 Legal Owner(s): lq- 14 PRINTED NAME PRINTED NAME S AT SIGNATURE Valley Regional Fire Authority: ... , pq 0 Z' S � r, "- VRFA Administrator or designee SIGNA Grant of Privilege to Enter Real Property and Conduct Non -Destructive Training Exercises Therein In consideration of the benefit of improved public safety through training described herein, I(we), the undersigned, City of Auburn (The CITY), hereby give and grant unto the Valley Regional Fire Authority (VRFA) the right and privilege to enter upon and perform training in the two residential structures located at 12913 and 13009 SE 294th St. in Auburn owned by me(us), and located on or at: the Jacobson Tree Farm property for the purpose of using my(our) property, including the structure(s) therein as part of the training. Hold Harmless and Indemnification. The VRFA shall defend, indemnify and hold harmless the CITY, its officers, officials, employees and volunteers from and against any and all claims, suits, actions, or liabilities for injury or death of any person, or for loss or damage to property, which arises out of the use of Premises or from any activity, work or thing done, permitted, or suffered by User in or about the Premises, except only such injury or damage as shall have been occasioned by the sole negligence of the CITY. It is further specifically and expressly understood that the indemnification provided herein constitutes the VRFA's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. I (We) further agree to hold harmless the Valley Regional Fire Authority, its Officers, Members, Employees, Agents or volunteers from any and all claims for damage to said property or any part thereof, and any contents therein. I (We) understand that the Valley Regional Fire Authority will use said structure(s)/property as a part of its training program, and that any and all training exercises will benefit the Valley Regional Fire Authority and public safety. I (We) further acknowledge that no insurance is in force and that no insurance claims will be filed over the demolition/destroying or alteration of said structure(s)/property. And I (we) hereby covenant with the grantee that I (we) am (are) the lawful owner(s) of said structure(s)/property; that it is free from all encumbrances; and that I(we) will warrant and defend the same against the lawful claims and demands of all persons. Restrictions of use and or destruction are as follows: No destruction of property shall occur until hazard abatement has been completed and the parties enter into a "destructive training" agreement. Dates of Use: Firefighters of the VRFA may use the above listed buildings from: May 21, 2009 @ 7am, through: the start of demolition. The city will inform the VRFA when this is to take place. Dated this -3(r day of , 2009 Legal Owner(s): 4 �,- PRINTED NAME PRINTED NAME M e _ Valley Regional Fire Authority: VRFA Administrator SIG TURE SIGNATURE