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AGREEMENT 2017-07 <br /> <br /> <br />Hold Harmless Agreement between Elk River Municipalities and the City of Elk River <br />This Agreement (the “Agreement”) is made between the City of Elk River, Minnesota (the “City”) and <br />Elk River Municipal Utilities (the “Utilities”), (collectively, the “Parties”). <br /> <br />1. The City, acting through its police and fire department, seeks permission to use the real property <br />located at 1437 Main Street, Elk River, MN (the “Property”) for training its police officers and <br />firefighters (the Training Exercises) on or about May 1 – June 24, 2017. <br /> <br />2. The Property is owned by the Utilities. The Utilities hereby authorize the City to use the Property <br />for the Training Exercises at no charge. <br /> <br />3. The Utilities make no warranties as to the condition of the Property. The City agrees to use the <br />Property “as is” and assumes all risks, both known and unknown, related to its use of the Property <br />for the training exercises. <br /> <br />4. The City agrees to maintain liability coverage with the League of Minnesota Cities Insurance <br />Trust at all times during the Training Exercises. <br /> <br />5. In consideration of being allowed to use the Property, the City agrees to defend and indemnify the <br />Utilities for all claims arising against the Utilities related to the City’s use of the Property for the <br />Training Exercises. <br /> <br />6. The City agrees to waive all claims against the Utilities for damage to City property or injury to <br />City employees that occur during the Training Exercises. <br /> <br />7. The City shall not be responsible for any physical damage to the Property and its contents that <br />occur during the Training Exercises and the Utilities waive any claim against the City for damage <br />to the Property. <br /> <br />IN WITNESS WHEREOF, the Parties caused this Agreement to be approved on the dates below. <br /> <br />st <br />The City Council of Elk River, Minnesota duly approved this Agreement on the 1 day of May, 2017. <br /> <br />By: ______________________________ <br /> Its Mayor <br />And: _____________________________ <br /> Its City Clerk <br /> <br />Approved by the Elk River Municipal Utilities on _________________________. <br /> <br />By: ______________________________ <br /> Its Chair <br />And: _____________________________ <br /> Its Secretary <br /> <br />Dated: ___________________________ <br />