HomeMy WebLinkAbout2025-0010 - - Jacobsen Tree Farm Fire Training Hold Harmless Agreement - South King County Fire Training Consortium Docusign Envelope ID: D5B184B2-67C4-4F68-8577-4F6E3F707C3D
Grant of Privilege to Enter Real Property. Release. and
Hold Harmless
This Release and Hold Harmless Agreement (Agreement) is entered into by and between the City
of Auburn, a Washington municipal corporation (City), and the South King County Fire Training
Consortium (Participating Agency).
In consideration of the benefit of in the property described herein,the City of Auburn,hereby authorizes
the South King County Fire Training Consortium, the right and privilege to enter upon and conduct on
the property owned by the City of Auburn, and located on or at: Jacobsen Tree Farm 12913 SE 294th
St,Auburn,WA. This training is limited to trimming of underbrush, cutting down dead trees and others
as discussed at the on-site meeting on September 1, 2022. Said training exercises are scheduled for
January 30, 2025. Additional dates may be included with prior written approval from the undersigned
legal owner.
The Participating Agency shall not allow any waste, damage, or destruction to occur on the
Property. Without limiting the foregoing,the Participating Agency specifically agrees not to allow
any toxic, hazardous, or petroleum products to be discharged or deposited onto the Property in
connection with their activities at the Property.
The Participating Agency covenants and agrees that the City shall not at any time or to any extent
whatsoever be liable, responsible, or held accountable for:
(a) any personal injury (including death) to any person, including Participating Agency's
employees, agents, representatives, guests, or invitees which in any way arises out of
Participating Agency's activities hereunder or activities of Participating Agency's
employees, agents, representatives, guests, or invitees hereunder or use or occupation of
the Property by Participating Agency or its employees, agents, representatives, guests, or
invitees;
(b) property damage including property of the Participating Agency and its employees,
agents, representatives, guests, or invitees which in any way arises out of the activities
hereunder or activities of the Participating Agency, its employees, agents,representatives,
guests, or invitees hereunder or use or occupation of the Property by the Participating
Agency or its employees, agents, representatives, guests, or invitees;
(c) any costs associated with the activities of the Participating Agency and its employees,
agents, representatives, guests, or invitees under this Agreement; and
(d) the presence of or discharge or emission of toxic or hazardous materials or substances.
The Participating Agency agrees to indemnify and hold the City harmless and, at the City's sole
option, defend the City, its officers, agents, employees, successors and assigns from and against
any and all suits, actions, legal proceedings, claims, demands, and expenses (including attorneys'
fees and expenses) of whatever kind or character relating to Participating Agency's use of the
Property, including, but not limited to:
(a) personal injury (including death) to any person, including any of Participating
Agency's employees, agents, representatives, guests or invitees;
(b) property damage caused by the activities of the Participating Agency and its
employees, agents, representatives, guests or invitees from their use of the Property;
Docusign Envelope ID: D5B184B2-67C4-4F68-8577-4F6E3F707C3D
(c) claims of lien from the Participating Agency and its employees, agents,
representatives, or(sub)contractors; or
(d) the presence of hazardous, toxic or petroleum products on the Property; except for
injuries and damages caused by the sole negligence of the City.
It is further specifically and expressly understood that the indemnification provided herein
constitutes the Participating Agency'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 Participating Agency understands and agrees that the City of Auburn is only making available
the Property and will not be supplying any equipment or services. The Participating Agency will
be fully responsible for removing of all equipment or other property. The Participating Agency
has commercial general liability insurance of at least $1,000,000 to cover its activities.
A copy of the certificate of insurance and the additional insured endorsement, naming the City of
Auburn as an "additional insured," will be provided prior to entering the City's property.
The City of Auburn may terminate this agreement at any time without cause.
Signing below acknowledges having read and understood this Agreement. This Agreement may
be signed in multiple counterparts, each of which shall be one and the same Agreement and shall
become effective when one or more counterparts have been signed by each of the parties and
delivered to the other party. An electronic signature on this Agreement shall have the same force
and effect as an original.
6th January 25
Dated this day of , 20
Legal Owner(s) Nancy Backus
Or Representative PRINTED NAME
7Initial Crby
,15
SIGNATURE
South King County
Fire Training
Consortium Jimmy We Deputy chief of Training
Representative
PRINTED NAME and RANK
Signed by
SIGNATURE