HomeMy WebLinkAboutCAG2022-357 - Original - City of Auburn - Use of Auburn's Firing Range - 09/01/2022Jalene King / Chris Sprague Police
08/25/2022
N/A
City of Auburn Other
Original
Auburn Firing Range Use
While Kent Firing Range is shut down for repairs
Direct Negotiation
12/31/2022
0
8/29/22
Tammy White signed on 8/11/22 via DocuSign
CAG2022-357
DocuSign Envelope ID: 1 FAE36D2-E27C-4C2C-9202-EA2BC5A9E157
RELEASE AND HOLD HARMLESS AGREEMENT
This Release and Hold Harmless Agreement (Agreement) is entered into by and between the City
of Auburn, a Washington municipal corporation (City), and the City of Kent, a Washington
municipal corporation (Participating Agency).
The City owns property located at 1500 Terrace View Dr. NW in Auburn, Washington (Property).
The below signed Participating Agency seeks to use the Property between September 1-December
2022 for purposes related to police officer training and/or firearms demonstration and qualifications
for the Participating Agency's employees. In this Agreement, the City grants the Participating
Agency a non-exclusive right to enter and to use the Property for this purpose. If the Participating
Agency enters or uses the Property for any purpose or activity not authorized by this Agreement, or
otherwise breaches this Agreement, this Agreement and all rights under it shall terminate
immediately.
The Participating Agency shall not allow any waste, damage, or destruction to occur on the
Property and upon termination or expiration of this Agreement, the Participating Agency shall
restore the Property to its original condition. 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 assumes all risks and liabilities arising out of its intended use of the
Property and/or the use of the Property by the Participating Agency and and/or its employees,
agents, representatives, guests, or invitees.
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'
DocuSign Envelope ID: 1 FAE36D2-E27C-4C2C-9202-EA2BC5A9E157
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;
(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.
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.
CITY OF AUBURN
DocuSigned by:
Mar ai ier; Chief of Police
Date: 8/9/2022
Approved as to form:
DDocuSigned by:
`" Zli" C`1" 8/8/2022
Ken ra Comeau, City Attorney
2
CITY OF KENT-PARTICIPATING AGENCY
DocuSigned by:
V�G h34 wmu&
Rafael Padilla, Chief of Police
Date: 8/25/2022
Approved as to form:
DocuSigned by:: ,1.
1-00mM� �utl� 8/11/2022
Tammy NWite, Acting City Attorney