AGREEMENT

THIS AGREEMENT, entered into this day of , by and between , the CITY OF , a Municipal Corporation (the City), and the FIRE DEPARTMENT (the Fire Department).

WHEREAS, is the building owner of certain real property the Property legally described as , County of , State of Minnesota; and,

WHEREAS, there are/is buildings(s) {the Building(s)} located on the Property; and

WHEREAS, desires to have the Building(s) destroyed; and

WHEREAS, the Fire Department is willing to destroy the building(s) by fire if the building(s) can be used for smoke drilling and other training exercises before and during their destruction by fire.

NOW, THEREFORE, the parties hereto in consideration of the mutual covenants and considerations hereinafter set forth do agree as follows:

1.	Entry onto the Property Authorized. hereby expressly authorized the Fire Department and the City to enter onto the Property one or more times for the purpose or conducting smoke drilling and other training exercises (the Training Exercises and related activities in the Building(s) and on the Property.) The City and Fire Department shall enter the Property solely for the purpose of conducting training exercises and for related activities such as preliminary and follow-up inspections.

2.	Waiver of Trespass. expressly waives any claim of trespass against the Fire Department or the City for entry onto the Property for the purposes of conducting training exercises and related activity on the Property.

3.	Waiver of Damages. expressly waives any claim against the Fire Department or the City for any damages to the Property or the Building(s) caused or allegedly caused by the Fire Department or the City in the course of performing the Training exercises and activities related thereto.

4.	Liability and Indemnification. The City and the Fire Department shall be solely liable for any injury to the Fire Department personnel or other persons caused by or as a direct result of the Training Exercises. The City and the Fire Department shall indemnify and save harmless against any and all claims by or on behalf of any person or persons arising from the conduct of the Training Exercises. The City and the Fire Department shall not, however, be liable for any injuries caused by or resulting from failure to clean up the Property and remove the debris of the Building(s) within the time period allowed by Section 5 of this Agreement.

5.	Clean Up. shall be solely responsible for removing all debris from the Property following completion of the Training Exercises, regardless of the condition of the Property and/or the Building(s) following completion of the Training exercises. The City shall notify in writing when the Training Exercises are completed and shall have thirty (30) days from the date of that notice to complete the removal of all debris and remnants of the Building(s) so that the condition of the Property is in full compliance with the City Ordinances. The City reserves the right to inspect the Property from time to time as necessary to insure compliance with this obligation to clean up the Property.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the above date.

BUILDING OWNER

By:

CITY OF

By:

, Mayor

FIRE DEPARTMENT

By:

, Fire Chief

AGREEMENT

Michelle R. Dwyer

2006-01-30

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CITY OF ELK RIVER