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AGREEMENT <br /> <br /> THIS AGREEMENT, entered into this __ day of , <br />1995, by and between , the CITY OF ELK RIVER, a <br />Municipal Corporation (the City) and the ELK RIVER FIRE DEPARTMENT <br />(tho Fire Departm~nO. <br /> <br /> WHEREAS, is the owner of certain real property the <br />Property legally described as City <br />of Elk River, County of Sherburne, State of Minnesota; and, <br /> <br /> WHEREAS, there are/is <br />on the Property; and <br /> <br />buildings(s) {the Building(s)} located <br /> <br /> WHEREAS, <br />and <br /> <br />desires to have the Building(s) destroyed; <br /> <br /> WHEREAS, the Fire Department is willing to destroy the building(s) <br />by fire if the building(s) can be used for smoke drilling and other training <br />exercises before and during their destruction by fire. <br /> <br /> NOW, THEREFORE, the parties hereto in consideration of the mutual <br />covenants and considerations hereinafter set forth do agree as follows: <br /> <br />Entry onto the Property Authorized. hereby expressly <br />authorized the Fire Department and the City to enter onto the <br />Property one or more times for the purpose or conducting smoke <br />drilling and other training exercises (the Training Exercises and <br />related activities in the Building(s) and on the Property. The City and <br />Fire Department shall enter the Property solely for the purpose of <br />conducting training exercises and for related activities such as <br />preliminary and follow-up inspections. <br /> <br />Waiver of Trespass. expressly waives any claim of <br />trespass against the Fire Department or the City for entry onto the <br />Property for the purposes of conducting training exercises and related <br />activity on the Property. <br /> <br />Waiver of Damages. expressly waives any claim against <br />the Fire Department or the City for any damages to the Property or <br />the Building(s) caused or allegedly caused by the Fire Department or <br />the City in the course of performing the Training exercises and <br />activities related thereto. <br /> <br /> <br />