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