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HomeMy WebLinkAbout2022-08-25 - Other - City of Auburn Firing Range - Hold Harmless - 8/25/22 DocuSign Envelope ID: 1FAE36D2-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' 1 DocuSign Envelope ID:1FAE36D2-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 CITY OF KENT-PARTICIPATING AGENCY DocuSigned by: uSigned by: EDocPARIBS"841F ar a1' >er;Chief of Police M Rafael Padilla, Chief of Police Date: 8/9/2022 Date: 8/25/2022 Approved as to form: Approved as to form: DocuSigned by: DocuSigned by. 14� L _ 8/8/2022 F_ Wm� 8/11/2022 Ken ra 4) au, City Attorney Tammy ite,Acting City Attorney 2