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PROPERTY USE AGREEMENT AND RELEASE <br /> This Property Use Agreement and Release ("Agreement") is between FOUR <br /> CORNERS MANAGER LLC ("Owner") and the CITY OF EVERETT("City")and <br /> is dated for reference purposes September 1, 2020. <br /> RECITALS <br /> The Owner owns the property and building located at 8102 Evergreen Way, <br /> Everett, WA 98023, which is County Parcel No. 28050700307000 (the "Property"). <br /> The Property contains a no longer used K-Mart building that will be demolished <br /> soon(the"Building"). The City wants to use the Property and Building for regional <br /> fire training purposes. The Owner has agreed to allow this and understands that the <br /> Building may be damaged by the training. <br /> AGREEMENT <br /> For good and valuable consideration, the receipt and sufficiency of which are <br /> hereby acknowledged, the Owner and City agree as follows: <br /> 1. The Owner grants the City permission to enter and use the Property and <br /> Building for fire training purposes from September 28, 2020 to December 11, <br /> 2020. The Owner may revoke this permission at any time by delivery of a <br /> written notice to the City's contact person for this Agreement. <br /> 2. The Property and Building are"AS-IS." The City is responsible its own <br /> safety and the safety of the training. The City releases the Owner from all <br /> claims for property damage and personal injury relating to the City's use of <br /> the Property under this Agreement. The City understands that the Owner is <br /> entering into this Agreement and allowing the training in reliance on this <br /> release. <br /> 3. The Owner understands the Building interior may be damaged by the City's <br /> training use. This includes without limitation damage to interior walls and <br /> fixtures. However, the City will not make any penetrations or holes in the <br /> Building exterior, and the City will only flow water in the NE corner(former <br /> garden section)of the Building. <br /> a. The Owner releases the City from all claims for interior Building <br /> property damage relating to the City's use of the Property under this <br /> Agreement. <br /> b. If the City damages the Building exterior, the City will,as Owner's <br /> exclusive remedy, repair the Building exterior sufficiently to secure <br /> the Building until its demolition. <br /> The Owner understands that the City is selecting the Property as the training <br /> site and entering into this Agreement in reliance on 3.a and 3.b above. <br /> 4. The City contact person for this Agreement is Matt Sorenson (425.210.8339, <br /> MSorensonweverettwa.gov). The Owner contract person for this Agreement <br /> 1 <br />