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HomeMy Public PortalAbout321 W Woodruff Ave Form and Release _ Tellus signed_1Anthony Holland Fire Chief 682-6121 Crestview Fire Department 321 W. Woodruff Ave • Crestview, FL 32536 Emergency Rescue • 911 Rodney Lancaster Fire Marshal 682-9315 Permission Form and Release Agreement Organization: City of Crestview Fire Department Address: 321 W. Woodruff Ave. City: Crestview State: FL Zip Code:32536 Telephone: 850-682-6121 Contact Name: Fire Marshal Rodney Lancaster Contact Cell: 850-368-7515 ContactEmail: lancasterr@cityofcrestview.org 1. Permission to Use Property. Tellus Partners gives the Organization and its agents, employees, consultants, contractors and all others working with or for the Organization (the "Organization") permission to use the real property and any structures located at [6256 N. Davidson, Crestview, FL ], solely for the following uses and purposes: training, education, practice and other activities related to fire fighting. No other use of the Property is permitted by the Organization and the Organization expressly acknowledges that it does not have the right to set fires on the Property. 2. Term. This agreement will be effective from [ January 13, 2022 ] through to and including [ Demo date ]. 3. Warranties, Representations or Covenants. Organization agrees that Tellus Partners has not made and is not making any warranties, representations, promises, guarantees, or covenants whatsoever concerning the safety, use, structural stability, legal status, or other condition or feature of the Property. Organization warrants and represents that it understands all actual and potential hazards associated with its proposed and actual use of the Property, including without limitation the presence of asbestos, lead - based paint or other potentially harmful substances, and that the Organization's employees, agents, consultants and contractors are experienced, knowledgeable, and adequately trained for the Organization's proposed use of the Property. ORGANIZATION ACKNOWLEDGES THAT IT IS USING THE PROPERTY IN AN "AS IS" CONDITION "WITH ALL FAULTS" AND WITHOUT ANY WARRANTIES, REPRESENTATIONS, PROMISES, EXPECTATIONS, OR GUARANTEES, WHETHER EXPRESS OR IMPLIED, OF ANY KIND, NATURE, OR TYPE WHATSOEVER CONCERNNG THE PROPERTY FROM OR ON BEHALF OF Tellus Partners. 4. Compliance with Laws; Cleanup. Organization will comply with any and all applicable laws, regulations and ordinances applicable to its use of the Property. Organization will clean up, remediate, remove, manage, transport, and dispose of any and all wastes used, created, or identified during its use of the Property at the end of each day of use and leave the Property in a safe condition. Organization will not be responsible for repairing any structural damage to the building on the Property or removing trash that was present on the Property prior to Organization's use. Organization will take all reasonable protection to prevent damage, injury or loss to all persons who may use the Property. 5. Waiver, Release and Indemnity. Organization waives, releases and forever discharges Tellus Partners. its employees, contractors, affiliates, insurers, volunteers, related entities, agents or assigns (360 DA Investments Corp. from and against any and all claims, causes of action, demands, litigation, or other claims of any kind whatsoever (whether known or unknown, seen or unforeseen, directly or indirectly, or within or without the control of Organization or Tellus Partners), for or on account of any losses, damages, personal injuries, pain and suffering, death, property damage, or contract claims while on or while using the Property (the "Claims"). Organization agrees to indemnify, hold harmless, and reimburseTellus Partners from and against the Claims, except only to the extent such Claims are caused by the sole negligence of Organization. If a governmental agency, Organization acknowledges and admits this agreement is "proprietary" under applicable law, and not "governmental" or "legislative" in nature. Organization represents and warrants that it intends for this agreement to comply with all applicable laws concerning Organization's actions and approvals and execution of binding agreements. To the extent required by applicable law, Organization covenants to undertake all actions necessary to bind the Organization. 6. Insurance. The Organization represents that it carries workman's compensation and adequate commercial general liability insurance and that all Organization agents, employees, consultants, contractors and all others working with or for the Organization that are participating in the training exercise will be covered by such insurance. 7. Complete Agreement. This agreement contains the complete understanding of the parties concerning the Property, and this agreement supersedes any oral or written agreements or other understandings of the parties concerning the Property. No other work, service, obligation or activity is covered by this agreement unless set forth in this Agreement. The terms and conditions of this agreement will survive the termination of this agreement and the use of the Property. No waiver, amendment, change, alteration or modification of this agreement will be binding unless made in writing and signed by an authorized representative of the parties. Neither party may assign or transfer its rights or interests in or obligations under this agreement without the prior written permission of the other party. Each party represents, warrants and states that all legal action necessary for the effectuation of this agreement has been validly taken and that the individuals whose signatures appear below on behalf of each party are duly authorized to execute this agreement on behalf of such party. All provisions of this agreement are severable, and the unenforceability or invalidity of any of the provisions of this agreement will not affect the validity or enforceability of any remaining provisions. This agreement will be binding on the heirs, executors, administrators or assigns of the Organization. None of the parties' rights, duties, and obligations under this agreement will be delegated, transferred or assigned without the prior written consent of Tellus Partners. This agreement will be governed under the laws of the State of Florida. This Agreement may be executed in multiple counterparts, each of which will constitute an original, but all of which taken together will constitute one and the same agreement. Jonathon Schraer Manager 1/19/2022