Evergreen Recovery Centers 9/13/2021

AGREEMENT REGARDING FIRE DEPT.TRAINING IN A BUILDING THIS AGREEMENT REGARDING TRAINING IN A HOUSE (the "Agreement") is entered into this 7th day of September , 20_21 between the Everett Fire Department and G y rce". Q - rs("Owner"). I. RECITALS WHEREAS, Owner is willing to allow the Department to conduct training in the single family structure (the "Structure") located at_2604 Summit Ave. Everett, WA 98201 (the "Property") as part of a training exercise for its firefighters (the"Training Exercise"). 11. TERMS AND CONDITIONS NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows: 1. Representations of Owner. Owner hereby represents and warrants that the following are true and correct as of the date of this Agreement and that the following will be true and correct on the dates of the scheduled training (September 14 - 17, 2021): a. Owner is the owner of the Property and the Structure pursuant to the Statutory Warranty Deed attached hereto as Exhibit"A." No third parties have any present or contingent ownership interest in the Property, including but not limited to an option to purchase the Property. 2. Release and Hold Harmless. The Department will use its best efforts to prevent unanticipated damage to real and personal property. In consideration of the potential for training exercises to result in minor damage to the house and/or property, Owner hereby releases the Department, its agents, firefighters, and elected officials (collectively the "City of Everett") from any claims, demands, judgments or liabilities arising as a result of the Training Exercise, except for any that directly result from the negligence by the Department. 2.1 Owner agrees to defend and indemnify the Department against any claims associated with a breach of any of the representations and warranties contained herein. 2.2 To the extent permitted by law, the Department releases Owner and agrees to indemnify Owner from any and all claims for bodily injury occurring on the Property during the Training Exercise. 3. Date of Training Exercise and Cleanup. The parties shall agree upon a date(s) for the Training Exercise(s) subsequent to mutual execution of this Agreement provided however that the date(s) may be changed or added to by mutual agreement. Owner shall be solely responsible for (i) removing all items from the Structure prior to the Training Exercise, and (ii) all cleanup of the site subsequent to the Training Exercise. 4, Entire Agreement. The entire agreement between the parties hereto is contained in this Agreement and the exhibits hereto; and this Agreement supersedes all of their previous understandings and agreements, written and oral, with respect to this transaction. This Agreement- 1