2004/05/05 Council Agenda Packet

11 HOLD HARMLESS AGREEMENT PARTIES The Parties to this agreement are: 1 . CITY OF EVERETT, WASHINGTON, a municipal corporation of the State of Washington, hereinafter referred to as CITY; and 2 . Port of Everett, hereinafter referred to as OWNER. PURPOSE The purpose of this agreement is to summarize the under- standing of the parties regarding the CITY' S agreement to hold OWNER harmless from any liability arising out of the use of the real property located at 1220 West Marine View Drive in Everett, Washington, owned by OWNER and being provided to CITY for fire. training purposes for the period of May 9, 2004 through May 30, 2004 . This Agreement is not intended to summarize any other terms beyond the hold harmless provisions. AGREEMENT CITY agrees to defend and to indemnify and to hold and save OWNER, its employees, and agents, harmless from and against all liability, claims, suits, damages, costs, losses and expenses including all expenses of litigation, including attorney fees, in any manner resulting from, arising out of, or connected with the use of OWNER' S property located at 1220 West Marine View Drive, Everett, Washington, by CITY for fire training purposes for the period of May 9, 2004 through May 30, 2004 . Provided, this obligation shall not include such claims, costs, damages or expenses which may be caused by the sole negligence or willful misconduct of the OWNER, its officers, employees or agents, and further, in the event the claims, costs, damages or expenses are caused by or result from the concurrent negligence of the Port, its officers, employees, or agents and the City, its officers-, employees or agents, the City is not required to indemnify and hold the OWNER harmless there from. Page 1 of 2 CITY OF EVERETT, WASHINGTON 94 HOLD HARMLESS AGREEMENT