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0 <br /> AGREEMENT BETWEEN THE CITY OF EVERETT <br /> AND STEADFAST EVERETT MALL III, LLC <br /> THIS AGREEMENT is made and entered into on this day of January, 2009, by <br /> and between the CITY OF EVERETT,a municipal corporation under the laws of the <br /> State of Washington, hereinafter referred to as the"City," and Steadfast Everett Mall III, <br /> LLC, hereinafter referred to as "the Mall." <br /> 'WHEREAS,the City of Everett Police Department desires to utilize Mall property for <br /> police/"active shooter"training; and <br /> WHEREAS,the City.of Everett Police Department and the Mall have agreed on a <br /> location and dates for the training; <br /> NOW,THEREFORE, the parties herein do mutually agree as follows: <br /> 1. Purpose. The purpose of this Agreement is to define the terms for the Mall <br /> allowing the Everett Police Department to conduct police/"active shooter" <br /> activities at the Everett Mall, located in the city of Everett at the street address of <br /> 1402 SE Everett Mall Way (hereinafter referred to as "the training location") on <br /> January 25, 2009, and February 8. 2009, after the businesses at the training <br /> location have closed for business for the day (hereinafter referred to as "the <br /> training"). <br /> 2. Term. The term of this Agreement shall commence as of the date of execution <br /> hereof and shall continue in full force and effect until 6:00 a.m. February 9,2009. <br /> 3. Termination. Either party shall have the right to cancel this Agreement at any <br /> time,upon giving ten(10) days written notice thereof. <br /> 4. Amendments. This Agreement may be amended only upon written agreement of <br /> the parties,executed in the same manner as provided by law for the execution of <br /> this Agreement. <br /> 5. Hold Harmless and Indemnification. The City acknowledges that the Mall has <br /> not made any, and makes no,representations regarding the condition of the <br /> training location. The City further acknowledges that the City and its <br /> agents/contractors assume all risk of injury from entry onto the training location <br /> and the structures thereon for the training. The City agrees that it will indemnify <br /> and hold the Mall(including the Mall's members, officers, directors, and <br /> Agreement between the City of Everett Page 1 of 2 <br /> and Everett Mall <br /> 1 <br />