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Page 1 of 4 <br />HOLD HARMLESS AGREEMENT <br />THIS HOLD HARMLESS AGREEMENT (“Agreement”) is made this 19th day of May, 2025, <br />by and between the PORT OF SKAGIT COUNTY, a Washington municipal corporation, of 15400 <br />Airport Drive, Burlington, Washington, 98233, as owner, hereinafter referred to as the "Port," <br />and the CITY OF EVERETT (POLICE DEPARTMENT), a Washington municipal corporation, <br />hereinafter referred to as the "Operator." <br />WITNESSETH: <br />WHEREAS, the Operator desires to enter onto Port owned real property the <br />building located at SWIFT Center (the “Property”) to conduct an Explosive Breaching <br />Course on June 2nd to June 6th, 2025 (the “Event Date”), and <br />WHEREAS, the Port has not inspected or assessed the condition of the Property <br />to determine if the Property is safe or suitable for the Event, <br />WHEREAS, the Operator, having independently inspected and assessed the <br />condition of the Property and independently determining the Property is safe and suitable <br />for the Event. <br />NOW THEREFORE, in consideration of the Port allowing the Operator to utilize <br />portions of the Property for the Event, the Operator hereby agrees as follows: <br />1.SITE CONDITION AND ASSUMPTION OF RISK: The Operator represents and warrants <br />that it understands: (i) that the Property utilized by the Operator for the Event may be <br />unsafe and/or unsuitable for the Event; (ii) that portions of the Property have been tested <br />for hazardous materials which testing confirmed the presence of hazardous materials <br />and is documented in the report attached hereto as Exhibit A, and the Property has not <br />otherwise been assessed by the Port for safety or suitability for the Event, including but <br />not limited to stability, debris, hazard materials (including but not limited to asbestos), <br />and/or trip and fall hazards and is, therefore, presumed dangerous; (iii) that access to the <br />Property for the Event is solely for the Operator’s benefit; (iv) the Port has not charged <br />Operator a fee for use of the Property for the Event, and; (v) that the ability to enter <br />Property to conduct the Event is of substantial benefit to the Operator and thereby <br />provides adequate consideration for this Agreement. The Operator hereby assumes all <br />risk of injury or death to it and all guests, invitees, and/or participants of the Event while <br />on the Property for the Event. <br />2.PERMISSION TO CAUSE DAMAGE: Owner grants Operator express permission to <br />cause interior damage to specified interior areas of the Property as shown on Exhibit B <br />(the “Damage Area”), including damage caused by explosives, or other devices. Damage <br />shall be limited to the interior space in the Damage Area and may include broken interior: