2011/10/05 Council Agenda Packet

i 7 USE AGREEMENT BETWEEN CITY OF EVERETT AND GENE AND MARIE TOIKKA THIS AGREEMENT is datedas of this day of October, 2011 by and between the CITY OF EVERETT, a municipal corporation under the laws of the State of Washington, ("User") and Gene Toikka and Marie Toikka, owners of the property located at 205 E. Casino Rd. #8, Everett, Washington("Owners). User Address: 3002 Wetmore Avenue, Everett, WA 98201 User Phone: (425) 257-8556 User Fax: (425)257-6500 User Email: bdeckard@ci.everett.wa.us Contact Name: Capt. Bill Deckard WHEREAS, the Everett Police Department requires vacant office space for a special assignment and has been advised that the property located at 205 E. Casino Rd. #8, Everett, Washington("Subject Property"), is vacant as of the date of this Agreement; and WHEREAS,the Everett Police Department desires to utilize the Subject Property; and WHEREAS,the Everett Police Department and the Owners have agreed on a date for use of the Subject Property; NOW,THEREFORE,the parties agree as follows: 1. FACILITY. This Agreement is for the use of the Subject Property. 2. RIGHT TO USE FACILITY. User shall have the right to use the facility from 0700 to 2200 hours on October 10th 2011 through October 13th 2011. 3. LIMITATIONS ON RIGHT TO USE: User shall use the Subject Property only for the purpose stated above and shall not use the Subject Property for illegal purposes. 4. HOLD HARMLESS. To the extent of its fault only,User shall defend, indemnify and hold the Owner harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Agreement. 5. LIABILITY INSURANCE. User shall maintain its customary self-insurance program, which includes a$1.0 million self-insured retention,plus $10.0 million and$20.0 million excess insurance layers. Use Agreement between City of Page 1 of 2 Everett and Toikkas 86