Laserfiche WebLink
<br />AGREEMENT <br /> <br />e <br /> <br />THIS AGREEMENT, entered into this _ day of , 1990, <br />by and between , the CITY OF ELK RIVER, a Municipal <br />Corporation (the City) and the ELK RIVER VOLUNTEER FIRE DEPARTMENT (the Fire <br />Department) . <br /> <br />WHEREAS, is the owner of certain real property (the <br />Property legally described as <br />City of Elk River, County of Sherburne, State of Minnesota; and, <br /> <br />WHEREAS, there are/is <br />the Property; and <br /> <br />building(s) {the Building(s)} located on <br /> <br />WHEREAS, <br /> <br />desires to have the Building(s) destroyed; and <br /> <br />WHEREAS, the Fire Department is willing to destroy the building(s) by <br />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 />e <br /> <br />1. Entry onto the Property Authorized. hereby <br />expressly authorizes the Fire Department and the City to enter onto the <br />Property one or more times for the purpose of conducting smoke drilling <br />and other training exercises (the Training Exercises and related <br />activities in the Building(s) and on the Property. The City and Fire <br />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 />2. Waiver of Trespass. expressly waives any <br />claim of trespass against the Fire Department or the City for entry <br />onto the Property for the purposes of conducting training exercises and <br />related activity on the Property. <br /> <br />3. Wai ver of Damal1:es. expressly waives any claim <br />against the Fire Department or the City for any damages to the Property <br />or 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 />4. <br /> <br />Liability and Indemnification. The City and the Fire Department <br />shall be solely liable for any injury to the Fire Department personnel <br />or other persons caused by or as a direct result of the Training <br />Exercises. The City and the Fire Department shall indemnify and save <br />harmless against any and all claims by or on behalf <br />of any person or persons arising from the conduct of the Training <br />Exercises. The City and the Fire Department shall not, however, be <br />liable for any injuries caused by or resulting from <br />failure to clean up the Property and remove the debris of the <br />Building(s) within the time period allowed by Section 5 of this <br />Agreement. <br /> <br />e <br />